Common use of Disclosure Made by Such Selling Stockholder in the Prospectus Clause in Contracts

Disclosure Made by Such Selling Stockholder in the Prospectus. The information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling Shareholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Engaged Capital LLC)

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Disclosure Made by Such Selling Stockholder in the Prospectus. The information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any the Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s 's name in the Registration Statement, the Time of Sale Prospectus Statement and the Prospectus under the caption “Principal and Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Hain Celestial Group Inc)

Disclosure Made by Such Selling Stockholder in the Prospectus. The All information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of and Ordinary Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling ShareholdersPrincipal Stockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Parnell Pharmaceuticals Holdings Pty LTD)

Disclosure Made by Such Selling Stockholder in the Prospectus. The information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any the Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus Statement and the Prospectus under the caption “Principal and Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Icahn Carl C)

Disclosure Made by Such Selling Stockholder in the Prospectus. The All information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of Shares shares of Common Stock set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Celldex Therapeutics, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. The information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any the Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus Statement and the Prospectus under the caption “Principal and Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Icahn Carl C)

Disclosure Made by Such Selling Stockholder in the Prospectus. The information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any the Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s 's name in the Registration Statement, the Time of Sale Prospectus Statement and the Prospectus under the caption “Principal and Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Hain Celestial Group Inc)

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Disclosure Made by Such Selling Stockholder in the Prospectus. The All information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such misleading provided further that it is understood and agreed that the only information furnished by such Selling Stockholder confirms as accurate consists of the name of such Selling Stockholder, the number of Shares set forth opposite shares held by such Selling Stockholder’s name Stockholder and the address and other information with respect to such Selling Stockholder which appear in the Registration Statement, the Time of Sale Prospectus and the Prospectus in the table (and corresponding footnotes) under the caption “Principal and Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such ) (the “Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly availableInformation”).

Appears in 1 contract

Samples: Underwriting Agreement (PubMatic, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. The All information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or any Free Writing Prospectus or any amendment or supplement thereto used by the Prospectus Company or any Underwriter, as the case may be, is, as of the Applicable Time and on the Closing Date will be, true, correct, correct and complete in all material respects, and did not, as of the Applicable TimeTime does not, and on the Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such In addition, such Selling Stockholder confirms as accurate the number of Shares shares of Common Stock set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus preliminary prospectus and the Prospectus under the caption “Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered SharesCommon Shares proposed to be sold by such Selling Stockholder). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Acorda Therapeutics Inc)

Disclosure Made by Such Selling Stockholder in the Prospectus. The All information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such , it being understood and agreed that the only such information furnished of such Selling Stockholder confirms as accurate consists of the description by such Selling Stockholder and the number of Shares set forth opposite shares held by such Selling Stockholder’s name Stockholder as described under the caption “Principal and Selling Stockholders” in the Registration Statement, the Time of Sale Prospectus and (such information, the Prospectus under the caption “Selling Shareholders” (both prior to and after giving effect to the sale of the Offered SharesStockholder Information”). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Papa Murphy's Holdings, Inc.)

Disclosure Made by Such Selling Stockholder in the Prospectus. The All information referred to in the penultimate sentence of this clause (f) which has been furnished to the Company or any Underwriter by or on behalf of such Selling Stockholder in writing expressly for use in the Registration Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and each applicable Option Closing Date will be, true, correct, and complete in all material respects, and did not, as of the Applicable Time, and on the First Closing Date and each applicable Option Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information not misleading. Such Selling Stockholder confirms as accurate the number of Shares set forth opposite such Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Selling ShareholdersStockholders” (both prior to and after giving effect to the sale of the Offered Shares). Such Selling Stockholder is not prompted to sell Shares by any information concerning the Company which is not set forth in the Registration Statement, the Time of Sale Prospectus and the Prospectus or otherwise publicly available.

Appears in 1 contract

Samples: Underwriting Agreement (Sucampo Pharmaceuticals, Inc.)

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