Information Provided by the Company. (a) The Company agrees to provide to the Service Provider on each business day that the New York Stock Exchange (“NYSE”) is open for business (the “Business Day”) with (i) net asset value information as determined at or about the close of trading (currently 4:00 P.M. Eastern Time (“ET”) on the NYSE or at such other time at which the Fund’s net asset value is calculated as specified in each Fund’s current prospectus (the “Close of Trading”); (ii) dividend and capital gains distribution information as it becomes available; (iii) in the case of income Funds, the daily accrual for interest rate factor (mil rate); and (iv) any other information that the Service Provider needs to perform the Services listed in Schedule B. The Company will provide net asset value information, and income accrual, dividend payment and capital gains information to the Service Provider by 9:00 P.M. ET on each Business Day.
(b) The Company will provide the Service Provider with (i) a confirmation with respect to each instruction as defined below, to the Service Provider under Section 5 herein no later than the start of trading of the NYSE on the Business Day following the date on which the instruction is deemed to be received by the Company; (ii) share positions for each Fund on each Business Day; (iii) quarterly statements detailing activity in each Account within fifteen Business Days after the end of each quarter; and (iv) such other reports as may be reasonably requested by the Service Provider.
Information Provided by the Company. The Subscriber has been provided with copies of or access to all of the SEC Reports. There has been made available the opportunity to ask questions of and receive answers from the Company concerning the terms and conditions of this offering and to obtain any additional information (to the extent the Company possesses such information or can acquire it without unreasonable effort or expense) desired or necessary to verify the accuracy of the information provided. No oral or written representations or warranties have been made to the Subscriber by the Company or any of its officers, employees, agents, sub-agents, affiliates, advisors or subsidiaries, other than any representations of the Company contained herein, and in subscribing for the Offered Units, the Subscriber is not relying upon any representations other than those contained herein.
Information Provided by the Company. The Subscriber has been provided with access to all material information requested by either the Subscriber, the Subscriber's purchaser representative or others representing the Subscriber, including any information requested to verify any information furnished, and there has been direct communication between the Company and its representatives on the one hand and the Subscriber and the Subscriber's representatives and advisors on the other in connection with information regarding the purchase made hereby. The Company has given the Subscriber the opportunity to ask questions of and receive answers from the Company and/or its directors, officers, employees or representatives concerning the terms and conditions of this offering and to obtain any additional information (to the extent the Company possesses such information or can acquire it without unreasonable effort or expense) desired or necessary to verify the accuracy of the information provided. Any proprietary information disclosed or discovered by the Subscriber in reviewing information made available to the Subscriber by the Company in connection with the offer and sale of the Units shall be maintained by the Subscriber in strict confidence.
Information Provided by the Company. In connection with activities --------------------------------------- hereunder, the Company will furnish the Consultants and their counsel upon request with all material and information regarding the business and financial condition of the Company available to the Company (all such information so furnished being the "Information"). The Consultants will perform due diligence, however, the Company recognizes and confirms that the Consultants: (a) will use and rely primarily on the Information and on information available from generally recognized public sources in performing the services contemplated by the Agreement without having independently verified the same; (b) does not assume responsibility for the accuracy or completeness of the Information and such other information; (c) will not make an appraisal of any securities or assets of the Company; and (d) retains the right to continue to perform due diligence during the course of the engagement. The Consultants agree to keep the information confidential, so long as it is and remains non-public, unless disclosure is required by law or requested by any government or regulatory agency or body, and the Consultants will not make use thereof, except in connection with their services hereunder for the Company.
Information Provided by the Company. The Company shall furnish to, or cause to be furnished to, SkyWorks any and all information as is reasonably available to the Company and as SkyWorks reasonably deems appropriate to enable SkyWorks to render services hereunder (all such information being the “Information”). The Company recognizes and confirms that in performing its Services under this Agreement SkyWorks (i) will be relying on the Information and on information available from generally recognized public sources, without having independently verified the accuracy or completeness of the same, (ii) does not assume responsibility for the accuracy or completeness of the Information and any such other information and data, and (iii) will not act in the official capacity of an appraiser of specific assets of the Company or any other party. The Company confirms that the information to be furnished by the Company, when delivered, to the knowledge of its executive officers, will be true and correct in all material respects, will be prepared in good faith and will not contain any material misstatement of fact or omit to state any material fact. The Company will promptly notify SkyWorks if it learns of any material inaccuracy or misstatement in, or material omission from, any Information theretofore delivered to SkyWorks.
Information Provided by the Company. You shall be responsible for the accuracy of any calculations, drawings and/or technical data provided to us for the purpose of executing the Order and shall be liable for any additional costs incurred by us as a consequence of any inaccuracies in such calculations, drawings and/or data. You warrant the fitness for purpose of any free issue provided by you and shall be liable for any additional costs incurred by us as a consequence of any defects in such free issue items.
Information Provided by the Company. The Subscriber has been provided with all material information requested by either the Subscriber, the Subscriber's purchaser representative or others representing the Subscriber, including any information requested to verify any information furnished, and there has been direct communication between the Subscriber and its representatives on the one hand and the Subscriber and the Subscriber's representatives and the Company's advisors on the other in connection with information regarding the purchase made hereby. There has been made available the opportunity to ask questions of and receive answers from the Company and/or the directors, officers, employees or representatives of the Company (most of whom are known personally by the principals of the Subscriber) concerning the terms and conditions of this offering and to obtain any additional information (to the extent the Company possesses such information or can acquire it without unreasonable effort or expense) desired or necessary to verify the accuracy of the information provided. Any proprietary information disclosed or discovered by the Subscriber in reviewing information made available to the Subscriber by the Company in connection with the offer and sale of the Shares shall be maintained by the Subscriber in street confidence.
Information Provided by the Company. The Trustees shall be entitled in the absence of manifest error to rely without further enquiry on information and advice necessary to enable them to fulfil their duties and obligations under this Deed and to exercise their rights in connection with the implementation and operation of the Trust supplied to them by the Company or any of the Relevant Subsidiaries for the purposes of this Deed including (but without limitation) information as to whether any individual is or is not a Beneficiary and the Trustees shall also be entitled to rely in the absence of manifest error on any direction notice consent or document purporting to be given or executed by or with the authority of the Company or any Relevant Subsidiary or Beneficiary as having been so given or executed.
Information Provided by the Company. (a) The Company shall make available, and if appropriate shall request that the Transaction Party make available, to Harborstone all information concerning the business, operations, properties, prospects and financial condition of the Company or the Transaction Party, as applicable, that Harborstone requests in connection with the rendering of services hereunder, and shall provide Harborstone with reasonable access to the Company's officers, directors, employees, independent accountants and other advisors and agents as Harborstone shall deem appropriate.
(b) The Company recognizes and confirms that Harborstone will use and rely upon the information provided by or on behalf of the Company and its advisors and agents or the Transaction Party, as the case may be, and their respective advisors and agents and on publicly available information in performing the services contemplated hereby. It is understood that in performing under this engagement Harborstone may assume and rely upon the accuracy and completeness of, and is not assuming any responsibility for independent investigation or verification of, such publicly available information and the information so furnished. It is also understood that Harborstone is not assuming any responsibility for any independent valuation or appraisal of any of the assets of the Company or the Transaction Party, as the case may be. The Company will promptly notify Harborstone if the Company learns of any material inaccuracy or misstatement in, or any material omission from; any such information furnished by the Company or the Transaction Party, as the case may be, or any of their agents or advisors, to Harborstone or of any such publicly available information.
Information Provided by the Company. The Company represents and warrants, as of the date of this Agreement, that the Agreed Base Case and the Information Package were prepared after due and careful inquiry, based upon historical financial information and upon the assumptions set forth therein, which assumptions were reasonable when made and are reasonable as of the date of this Agreement and (taken together) represent projections and forecasts which are not in a material way inconsistent with the Company's actual range of projections and forecasts of its financial position, including the financial position of its Subsidiaries, taking into account any agreed Deviation (as defined in Section 5.01(a)) or amendment of the Agreed Base Case as referred to in Section 5.02(e)(4) or as is agreed upon between the Company and the Agent.
