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

Disclosure Made by the Selling Stockholder in the Prospectus. All information about the Selling Stockholder furnished by or with the approval of the Selling Stockholder in writing expressly for use in the Registration Statement is, and on the First Closing Date and the Second Closing Date will be, true, correct and complete in all material respects, and does not, and on the First Closing Date and the Second 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. All information about the Selling Stockholder furnished by or with the approval of the Selling Stockholder in writing expressly for use in the Prospectus is, and on the First Closing Date and the Second Closing Date will be, true, correct and complete in all material respects, and does not, and on the First Closing Date and the Second Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in light of the circumstances under which they were made, not misleading. The Selling Stockholder confirms as accurate the number of shares of Common Stock set forth opposite the Selling Stockholder’s name in the Prospectus under the caption “Principal and Selling Stockholders” (both prior to and after giving effect to the sale of the Common Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

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Disclosure Made by the Selling Stockholder in the Prospectus. All information about furnished to the Selling Stockholder furnished Company or any Underwriter by or with the approval on behalf of the Selling Stockholder in writing expressly for use in the Registration Statement Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and the Second each applicable Option Closing Date will be, true, correct correct, and complete in all material respects, and does did not, as of the Applicable Time, and on the First Closing Date and the Second 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. All , it being understood and agreed that for the purposes of this Agreement, the only information about so furnished by the Selling Stockholder furnished by or with the approval consists of the Selling Stockholder Information (as defined in writing expressly for use in the Prospectus is, and on the First Closing Date and the Second Closing Date will be, true, correct and complete in all material respects, and does not, and on the First Closing Date and the Second Closing Date will not, contain any untrue statement Section 9(b) of a material fact or omit to state any material fact necessary to make such information, in light of the circumstances under which they were made, not misleadingthis Agreement). The Selling Stockholder confirms as accurate the number of shares of Common Stock Offered Shares set forth opposite the Selling Stockholder’s name in the Registration Statement, the Time of Sale Prospectus and the Prospectus under the caption “Principal and Selling StockholdersStockholder” (both prior to and after giving effect to the sale of the Common Offered Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Mirati Therapeutics, Inc.)

Disclosure Made by the Selling Stockholder in the Prospectus. All information about relating to the Selling Stockholder furnished to the Company or any Underwriter by or with the approval on behalf of the Selling Stockholder in writing expressly for use in the Registration Statement Statement, the Time of Sale Prospectus or the Prospectus is, and on the First Closing Date and the Second each applicable Option Closing Date will be, true, correct correct, and complete in all material respects, and does did not, as of the Applicable Time, and on the First Closing Date and the Second 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. All , it being understood and agreed that the only such information about the Selling Stockholder furnished by or with the approval on behalf of the Selling Stockholder in writing expressly for use in the Prospectus is, and on the First Closing Date and the Second Closing Date will be, true, correct and complete in all material respects, and does not, and on the First Closing Date and the Second Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in light consists of the circumstances under which they were made, not misleading. The legal name and address of the Selling Stockholder confirms as accurate and the number of shares of Common Stock beneficially owned by the Selling Stockholder set forth opposite under (and excludes the Selling Stockholder’s name percentages that appear in the Prospectus under table under) the caption “Principal and Selling Stockholders” in the Time of Sale Prospectus and the Prospectus (both prior to and after giving effect to the sale of the Common Shares“Selling Stockholder Information”).

Appears in 1 contract

Samples: Underwriting Agreement (Holley Inc.)

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Disclosure Made by the Selling Stockholder in the Prospectus. All information about the Selling Stockholder furnished by or with the approval of the Selling Stockholder in writing expressly for use in the Registration Statement is, and on the First Closing Date and the Second Closing Date will be, true, correct and complete in all material respects, and does not, and on the First Closing Date and the Second 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. All information about the Selling Stockholder furnished by or with the approval of the Selling Stockholder in writing expressly for use in the Prospectus is, and on the First Closing Date and the Second Closing Date will be, true, correct and complete in all material respects, and does not, and on the First Closing Date and the Second Closing Date will not, contain any untrue statement of a material fact or omit to state any material fact necessary to make such information, in light of the circumstances under which they were made, not misleading. The Selling Stockholder confirms as accurate the number of shares of Common Stock set forth opposite the Selling Stockholder’s 's name in the Prospectus under the caption "Principal and Selling Stockholders" (both prior to and after giving effect to the sale of the Common Shares).

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

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