Common use of Disclosure Package and Final Offering Memorandum Clause in Contracts

Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule C (the "Pricing Supplement"), that has been prepared and delivered by the Company to the Initial Purchasers in connection with their solicitation of offers to purchase Securities all considered together (collectively, the "Disclosure Package"), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. "Applicable Time" means 4:00 P.M. (Eastern time) on April 1, 2008 or such other time as agreed by the Company and the Representatives.

Appears in 1 contract

Samples: Purchase Agreement (Norfolk Southern Corp)

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Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule C A (the "Pricing Supplement"), that has been prepared and delivered by the Company to the Initial Purchasers Purchaser in connection with their solicitation of offers to purchase Securities all considered together (collectively, the "Disclosure Package"), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. "Applicable Time" means 4:00 P.M. 8:30 a.m. (Eastern time) on April 1March 20, 2008 or such other time as agreed by the Company and the RepresentativesXxxxxxx Xxxxx.

Appears in 1 contract

Samples: Purchase Agreement (Raser Technologies Inc)

Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule C (the "Pricing Supplement"), that has been prepared and delivered by the Company Issuer to the Initial Purchasers in connection with their solicitation of offers to purchase Securities all considered together (collectively, the "Disclosure Package"), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. "Applicable Time" means 4:00 P.M. 12:00 pm (Eastern time) on April 1May 22, 2008 2007 or such other time as agreed by the Company Issuer and the Representatives.

Appears in 1 contract

Samples: Purchase Agreement (Universal Hospital Services Inc)

Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule C (the "Pricing Supplement"), that has been prepared and delivered by the Company to the Initial Purchasers in connection with their solicitation of offers to purchase Securities all considered together (collectively, the "Disclosure Package"), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. "Applicable Time" means 4:00 2:00 P.M. (Eastern time) on April 1January 12, 2008 2009 or such other time as agreed by the Company and the Representatives.

Appears in 1 contract

Samples: Purchase Agreement (Norfolk Southern Corp)

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Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule C A (the "Pricing Supplement"), that has been prepared and delivered by the Company to the Initial Purchasers Purchaser in connection with their solicitation of offers to purchase Securities Securities, all considered together (collectively, the "Disclosure Package"), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. "Applicable Time" means 4:00 P.M. (Eastern time) on April 1, 2008 or such other time as agreed by the Company and the Representatives.not

Appears in 1 contract

Samples: Purchase Agreement (General Cable Corp /De/)

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