Information Complete. Subject to any limitations stated therein or in connection therewith, all information furnished or to be furnished by the Borrower pursuant to the terms hereof is, or will be at the time the same is furnished, accurate and complete in all material respects necessary in order to make the information furnished, in the light of the circumstances under which such information is furnished, not misleading.
Information Complete. None of (i) the information concerning the Merger Parties and the Transactions, including the representations or warranties made by the Merger Parties pursuant to this Agreement, the Merger Documents or the Ancillary Agreements (the "Information") that has been or will be prepared or made by or on behalf of any of the Merger Parties and that has been made or will be made available to the Purchasers or any of their authorized representatives in connection with the Transactions, when all such Information is read together in its entirety, or (ii) the filings by any of the Management Members or Institutional Investors with the SEC in connection with or related to the Transactions contains any untrue statement of a material fact, or omits to state any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which it was made or prepared, not misleading.
Information Complete. Organitech Shareholders shall have received prior to Closing from, or on behalf of, Incubate all of Incubate's books and records related to Incubate's corporate, financial and business affairs.
Information Complete. Borrower and Key Principals each certify that all information, representations, exhibits and other material submitted to Lender by, or to be submitted by, Borrower and Key Principals are and will be true, correct and complete.
Information Complete. Subject to any limitations stated therein or in connection therewith, all information (whether past financial statements, the financial statements delivered pursuant to Section 4.2 below or other information) furnished or to be furnished by the Borrower or any of its Subsidiaries in connection with, or pursuant to the terms hereof or any other Financing Document is, or will be at the time the same is furnished, as the case may be true, accurate and complete in all material respects necessary in order to make the information furnished, in the light of the circumstances under which such information is furnished, not misleading.
Information Complete. Subject to any limitations stated in writing therein or in connection therewith, all information furnished or to be furnished by Guarantor to Seller, taken as a whole, is, or will be at the time the same is furnished, accurate and complete in all material respects necessary in order to make the information furnished, in the light of the circumstances under which such information is furnished, not misleading.
Information Complete. 51 Article III REPRESENTATIONS AND WARRANTIES OF PARENT AND MERGER SUBS................................... 51
Information Complete. 53 Article IV CONDUCT PRIOR TO CLOSING; NONSOLICITATION................................................... 53
Information Complete. Except for information supplied by Parent in writing specifically for such purpose, the information furnished on or in any documents mailed, delivered or otherwise furnished to the Company Shareholders in connection with the solicitation of their consent to this Agreement and Merger I, will not contain, at or prior to the Effective Time of Merger I, any untrue statement of a material fact and will not omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which made, not misleading. The information supplied by the Company to Parent for inclusion in the Permit (as defined in Section 5.2(b)) will not contain, at or prior to the Effective Time of Merger I, any untrue statement of a material fact and will not omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which made, not misleading.
Information Complete. The information furnished on or in any documents mailed, delivered or otherwise furnished by Parent to the California Department of Corporations in connection with obtaining the Permit (other than information provided by the Company or any Company Shareholder, including without limitation any information statement prepared by the Company) or furnished by Parent to the Company in writing for the express purpose of inclusion in any documents to be mailed, delivered or otherwise furnished to the Company Shareholders in connection with the solicitation of their consent to this Agreement and the Mergers will not contain, at or prior to the Effective Time of Merger I, any untrue statement of a material fact and will not omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which made, not misleading.
