Common use of Information in the Offer Documents Clause in Contracts

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The Schedule 14D-9 will comply as to form in all material respects with the provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws and will not when filed with the SEC or distributed or disseminated to the Company’s stockholders, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9 based on information furnished in writing by Parent or Purchaser expressly for inclusion therein.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Teradyne, Inc), Agreement and Plan of Merger (Nextest Systems Corp)

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Information in the Offer Documents. and the Schedule 14D-9. 14D-9 The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9 will comply as to form in all material respects with the provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws laws and will not when filed with the SEC or distributed or disseminated to the Company’s stockholders, 's stockholders contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9 based on information furnished in writing by Parent or Purchaser expressly for inclusion therein.

Appears in 2 contracts

Samples: Iv Agreement and Plan of Merger (Opsware Inc), Iv Agreement and Plan of Merger (Hewlett Packard Co)

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The Schedule 14D-9 will comply as to form in all material respects with the provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws laws and will not when filed with the SEC or distributed or disseminated to the Company’s stockholders, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9 based on information furnished in writing by Parent or Purchaser expressly for inclusion therein.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cytyc Corp), Agreement and Plan of Merger (Adeza Biomedical Corp)

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company Launch expressly for inclusion or incorporation by reference in the Offer Documents and the Schedule 14D-9 will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9 will comply as to form in all material respects with the provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws and will not when laws and, on the date filed with the SEC and on the date first published or distributed sent or disseminated given to the Company’s Launch's stockholders, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company Launch makes no representation or warranty with respect to statements made in the Schedule 14D-9 based on information furnished in writing by Parent Yahoo! or Purchaser expressly for inclusion therein.

Appears in 2 contracts

Samples: Document Agreement and Plan of Merger (Yahoo Inc), Agreement and Plan of Merger (Yahoo Inc)

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Information in the Offer Documents. and the Schedule AND SCHEDULE 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents and the Schedule 14D-9 will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9 will comply as to form in all material respects with the provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws and will not when laws and, on the date filed with the SEC and on the date first published or distributed sent or disseminated given to the Company’s 's stockholders, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9 based on information furnished in writing by Parent or Purchaser expressly for inclusion therein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cendant Corp)

Information in the Offer Documents. and the Schedule 14D-9. The information supplied by the Company expressly for inclusion or incorporation by reference in the Offer Documents or the Schedule 14D-9 will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The Schedule 14D-9 will comply as to form in all material respects with the provisions of Rule 14d-9 of the Exchange Act and any other applicable federal securities Laws and will not when laws and, on the date filed with the SEC and on the date first published or distributed sent or disseminated given to the Company’s stockholders, will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Company makes no representation or warranty with respect to statements made in the Schedule 14D-9 based on information furnished in writing by Parent or Purchaser expressly for inclusion therein.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Openwave Systems Inc)

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