Financial Model and information Clause Samples

Financial Model and information. (a) So far as the Company is aware and save as disclosed to the Agent or the Original Notes Purchasers in writing prior to the date of this Agreement, any material financial projections and forecast contained in the Financial Model have, in all material respects, been prepared on the basis of recent historical information and on the basis of assumptions believed in good faith to be reasonable in all material aspects at the time made (provided that each Finance Party hereby acknowledges that such projections (i) as to future events. are not to be viewed as facts, and are subject to significant uncertainties and contingencies, many of |EU-DOCS\34803319.2|| which are beyond the Company’s control, that no assurance can be given that the projections will be realised and that actual results during the period or periods covered by any such projections may differ significantly from the projected results and such differences may be material and (ii) are not a guarantee of performance). (b) So far as the Company is aware as of the date of this Agreement: (i) all material written factual information (other than the projections of the Group, forward looking information and information of a general economic or industry specific nature) furnished by or on behalf of the Company to the Original Notes Purchasers in writing in connection with the Facilities (the “Information”), when taken as a whole after giving effect to all supplements and updates provided thereto, is correct in all material respects on the date the Information is dated (where applicable) and/or as at the date at which the Information is provided and/or stated to be given, in each case by reference to the facts and circumstances existing on such date; (ii) the Information does not omit to state any material fact that would result in the Information (taken as a whole) being untrue or misleading in any material respect in light of the circumstances under which it was made available (after giving effect to any supplements and updates thereto); and (iii) the Affiliate Transactions Schedule is accurate in all material respects.