Common use of Disclosure; Information Supplied Clause in Contracts

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.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Santa Cruz Operation Inc), Agreement and Plan of Reorganization (Caldera Systems Inc), Agreement and Plan of Reorganization (Santa Cruz Operation Inc)

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Disclosure; Information Supplied. No representation or warranty made -------------------------------- by SCO SSI or STI in this Agreement, nor any final financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by itthem, or its their respective representatives pursuant hereto or in connection with the transactions contemplated hereby, or in any Seagate SEC Document filed by them, 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 SCO STI or SSI 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.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Seagate Technology Inc), Agreement and Plan of Reorganization (Seagate Technology Inc)

Disclosure; Information Supplied. No representation or warranty made by SCO SSI or STI in this Agreement, nor any final financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by itthem, or its their respective representatives pursuant hereto or in connection with the transactions contemplated hereby, or in any Seagate SEC Document filed by them, 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 SCO STI or SSI 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.. 2.6

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Seagate Software Inc), Agreement and Plan of Reorganization (Seagate Software Inc)

Disclosure; Information Supplied. No representation or warranty -------------------------------- made by SCO SSI or STI in this Agreement, nor any final financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by itthem, or its their respective representatives pursuant hereto or in connection with the transactions contemplated hereby, or in any Seagate SEC Document filed by them, 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 SCO STI or SSI 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.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Seagate Technology Inc), Agreement and Plan of Reorganization (Seagate Software Inc)

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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.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Tarantella Inc), Agreement and Plan of Reorganization (Tarantella Inc)

Disclosure; Information Supplied. No representation or warranty made by SCO SSI or STI in this Agreement, nor any final financial statement, certificate or exhibit prepared and furnished or to be prepared and furnished by itthem, or its their respective representatives pursuant hereto or in connection with the transactions contemplated hereby, or in any Seagate SEC Document filed by them, 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 SCO STI or SSI 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.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Veritas Software Corp)

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