Disclosure; Information Supplied. No representation or warranty -------------------------------- made by VERITAS in this Agreement, nor any financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by VERITAS or their respective representatives pursuant hereto or in connection with the transactions contemplated hereby, or in any VERITAS SEC Document filed by it, when taken together, contains any untrue statement of a material fact, or omits to state a material fact necessary to make the statements or facts contained herein or therein, taken as a whole not misleading in light of the circumstances under which they were furnished. None of the information supplied or to be supplied by VERITAS for inclusion or incorporation by reference in the Form S-4 and Prospectus/Proxy Statement will, at the time the information is supplied contain, after giving effect to any supplement or amendment thereto, no untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not materially misleading. The Prospectus/Proxy Statement will in all material respects comply as to form with the provisions of the Exchange Act and the rules and regulations promulgated by the SEC thereunder.
Disclosure; Information Supplied. No representation or warranty made by SCO in this Agreement, nor any final financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by it, or its representatives pursuant hereto or in connection with the transactions contemplated hereby, contains any untrue statement of a material fact, or omits to state a material fact necessary to make the statements or facts contained herein or therein, taken as a whole, not misleading in light of the circumstances under which they were furnished. None of the information supplied or to be supplied by SCO for inclusion or incorporation by reference in the Form S-4 and Prospectus/Proxy Statement will, at the time the information is supplied contain, after giving effect to any supplement or amendment thereto, any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they are made, not materially misleading.
Disclosure; Information Supplied. To the Knowledge of the Company, no representation or warranty contained in this Agreement, and no statement contained in any document, certificate or schedule furnished or to be furnished to Parent or any of its representatives pursuant to this Agreement, contains any untrue statement of a material fact, or omits or will omit to state any material fact required to be stated therein or necessary in order to make the statements herein or therein, in light of the circumstances under which it was or will be made, not misleading.
Disclosure; Information Supplied. No representation or warranty made by Caldera in this Agreement, nor any financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by Caldera or its respective representatives pursuant hereto or in connection with the transactions contemplated hereby, when taken together, contains any untrue statement of a material fact, or omits to state a material fact necessary to make the statements or facts contained herein or therein, taken as a whole not misleading in light of the circumstances under which they were furnished. None of the information supplied or to be
Disclosure; Information Supplied. No representation or warranty of the Seller contained in this Agreement, and no statement contained in any document, certificate or schedule furnished by the Seller to the Buyer or any of its representatives pursuant to this Agreement, contains any untrue statement of a material fact, or omits to state any material fact required to be stated therein or necessary, in light of the circumstances under which it was made, to make the statements herein or therein not misleading or necessary to fully and fairly provide the information required to be provided in any such document, certificate or schedule.
Disclosure; Information Supplied. Neither this Agreement nor the other Transaction Documents, nor any of the schedules, attachments or Exhibits hereto, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. There is no fact, which has not been disclosed to the Purchaser, of which any Seller has knowledge that has had, or could reasonably be anticipated to have, a Material Adverse Effect. At the time of the filing of any Disclosure Document, at the time of any distribution of such Disclosure Document and throughout the Closing, each such Disclosure Document (as supplemented or amended) will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Sellers' representations and warranties are subject to and modified by, in each case, all disclosures set forth in any Seller Reports filed with the SEC since July 1, 1998 and listed on the "Seller Reports Schedule" attached hereto, but only to the extent that the applicability of such disclosure to such representations and warranties is reasonably apparent from the terms of such disclosure; provided that, if there has been any material change in the facts or circumstances relating to any such disclosure in a Seller Report from the date of such Seller Report through the Closing Date, then the Sellers' representations and warranties as contained herein shall not be subject to or modified by any such disclosure.
Disclosure; Information Supplied. 48 Section 5.24 Year 2000.............................................................................. 48
Disclosure; Information Supplied. 51 Section 6.8 Funds.................................................................................. 51 Section 6.9 Beneficial Ownership of Seller Common Stock............................................ 51
Disclosure; Information Supplied. The Company and the Shareholders neither make any representation nor give any warranty to Parent and/or Buyer other than as specifically provided for in this Agreement. The Company and the Shareholders make no representation and give no warranty to Parent and Buyer and their Affiliates with respect to financial projections, budgets or management analyses relating to the Company Group and to the future profitability and financial performance of the Company Group.
Disclosure; Information Supplied. No representations or warranties by the Company or Parent in this Agreement or any Ancillary Documents contains any untrue statement of material fact or omits to state, when read in conjunction with all of the information contained in this Agreement (including the Company Disclosure Schedules) and the Ancillary Documents, any fact necessary in order to make the statements herein or therein not materially misleading. None of the information supplied or to be supplied by any Parent or the Company expressly for inclusion or incorporation by reference: (i) in any Current Report on Form 8-K or any exhibits thereto or any other report, form, registration or other filing made by or on behalf of Buyer or its Affiliates with any Governmental Authority with respect to the transactions contemplated by this Agreement and/or any Ancillary Documents; or (ii) in the mailings or other distributions to Buyer’s shareholders and/or prospective investors with respect to the consummation of the transactions contemplated by this Agreement or in any amendment to any of documents identified in (i) through (ii), will, when filed, made available, mailed or distributed, as the case may be, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading. Notwithstanding the foregoing, neither Parent not the Company makes any representation, warranty or covenant with respect to any information supplied by or on behalf of Buyer.
