Common use of Information Supplied; Form S-4 Clause in Contracts

Information Supplied; Form S-4. The information supplied or to be supplied by the Buyer for inclusion in the Form S-4, the Additional Buyer Filings, any other Buyer SEC Filing, any document submitted to any other Governmental Entity or any announcement or public statement regarding the transactions contemplated by this Agreement (including the Signing Press Release and the Closing Press Release) shall not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they are made, not misleading at (i) the time such information is filed, submitted or made publicly available, (ii) the time the Form S-4 is declared effective by the SEC, (iii) the time the Form S-4 (or any amendment thereof or supplement thereto) is first mailed to the Buyer Shareholders, or (iv) the time of the Buyer Shareholder Meeting (subject to the qualifications and limitations set forth in the materials provided by the Buyer or that are included in such filings and/or mailings), except that no warranty or representation is made by the Buyer with respect to statements made or incorporated by reference therein based on information supplied by the Utz Companies, the Sellers or their Affiliates for inclusion therein. The Form S-4 will comply in all material respects with the applicable requirements of the Securities Act, the Securities Exchange Act and the rules and regulations of the SEC thereunder applicable to the Form S-4.

Information Supplied; Form S-4. The information supplied or to be supplied by the Buyer for inclusion in the Form S-4, the Additional Buyer Filings, any other Buyer SEC Filing, any document submitted to any other Governmental Entity or any announcement or public statement regarding the transactions contemplated by this Agreement hereby (including the Signing Press Release and the Closing Press Release) shall not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they are made, not misleading at (ia) the time such information is filed, submitted or made publicly availableavailable (provided, if such information is revised by any subsequently filed amendment to the Form S-4 prior to the time the Form S-4 is declared effective by the SEC, this clause (iia) shall solely refer to the time of such subsequent revision); (b) the time the Form S-4 is declared effective by the SEC, ; (iiic) the time the Form S-4 (or any amendment thereof or supplement thereto) is first mailed to the Buyer Shareholders, or ; (ivd) the time of the Buyer Shareholder Meeting Meeting; or (e) the Closing (subject to the qualifications and limitations set forth in the materials provided by the Buyer or that are included in such filings and/or mailings), except that no warranty or representation is made by the Buyer with respect to statements made or incorporated by reference therein based on information supplied by the Utz Companies, the Sellers or their Affiliates for inclusion therein. The Form S-4 will will, at the time it is mailed to the Buyer Shareholders, comply in all material respects with the applicable requirements of the Securities Act, the Securities Exchange Act and the rules and regulations of the SEC thereunder applicable to the Form S-4.

Information Supplied; Form S-4. The information supplied or to be supplied by Blocker and the Buyer PubCo Parties for inclusion in the Form S-4MDH SEC Filings, the Additional Buyer PubCo SEC Filings, any other Buyer SEC Filing, any document submitted or to be submitted to any other Governmental Entity or any announcement or public statement regarding the transactions contemplated by this Agreement Transactions (including the Signing Press Release and the Closing Press Release) shall not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they are made, not misleading at at: (ia) the time such information is filed, submitted filed or made publicly availableavailable (provided that, if such information is revised by any subsequently filed amendment to the Form S-4 or other filing prior to the time the Form S-4 or other filing becomes effective, this clause (iia) shall solely refer to the time of such subsequent revision); (b) the time the Form S-4 is declared effective by the SEC, ; (iiic) the time the Form S-4 Proxy Statement/Prospectus (or any amendment thereof or supplement thereto) is first mailed to the Buyer Shareholders, or MDH Stockholders; (ivd) the time of the Buyer Shareholder Meeting MDH Stockholder Meeting; or (e) the Closing (subject to the qualifications and limitations set forth in the materials provided by the Buyer MDH or that are included in such filings and/or or mailings), except that no warranty or representation is made by the Buyer with respect to statements made or incorporated by reference therein based on information supplied by the Utz Companies, the Sellers or their Affiliates for inclusion therein. The Form S-4 will comply in all material respects with the applicable requirements of the Securities Act, the Securities Exchange Act and the rules and regulations of the SEC thereunder applicable to the Form S-4.

Information Supplied; Form S-4. The information supplied or to be supplied by the Buyer MDH and PubCo for inclusion in the Form S-4MDH SEC Filings, the Additional Buyer PubCo SEC Filings, any other Buyer SEC Filing, any document submitted or to be submitted to any other Governmental Entity or any announcement or public statement regarding the transactions contemplated by this Agreement Transactions (including the Signing Press Release and the Closing Press Release) shall not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they are made, not misleading at at: (ia) the time such information is filed, submitted filed or made publicly availableavailable (provided that, if such information is revised by any subsequently filed amendment to the Form S-4 or other filing prior to the time the Form S-4 or other filing becomes effective, this clause (iia) shall solely refer to the time of such subsequent revision); (b) the time the Form S-4 is declared effective by the SEC, ; (iiic) the time the Form S-4 Proxy Statement/Prospectus (or any amendment thereof or supplement thereto) is first mailed to the Buyer Shareholders, or MDH Stockholders; (ivd) the time of the Buyer Shareholder Meeting MDH Stockholder Meeting; or (e) the Closing (subject to the qualifications and limitations set forth in the materials provided by the Buyer MDH or that are included in such filings and/or or mailings), except that no warranty or representation is made by the Buyer with respect to statements made or incorporated by reference therein based on information supplied by the Utz Companies, the Sellers or their Affiliates for inclusion therein. The Form S-4 will comply in all material respects with the applicable requirements of the Securities Act, the Securities Exchange Act and the rules and regulations of the SEC thereunder applicable to the Form S-4.

Information Supplied; Form S-4. The Other than the information supplied or to be supplied by the Buyer Group Companies, any Blocker, or their respective Affiliates expressly for inclusion or incorporation by reference in the Form S-4, the Form S-4, the Additional Buyer Filings, or any other Buyer SEC Filing, any document submitted to any other Governmental Entity or any announcement or public statement regarding the transactions contemplated by this Agreement (including the Signing Press Release and the Closing Press Release) Filing shall not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they are made, not misleading at (ia) the time such information is filed, submitted or made publicly availableavailable (provided, if such information is revised by any subsequently filed amendment to the Form S-4 prior to the time the Form S-4 is declared effective by the SEC, this clause (iia) shall solely refer to the time of such subsequent revision); (b) the time the Form S-4 is declared effective by the SEC, ; (iiic) the time the Form S-4 (or any amendment thereof or supplement thereto) is first mailed to the Buyer Shareholders, or ; (ivd) the time of the Buyer Shareholder Meeting Meeting; or (e) the Closing (subject to the qualifications and limitations set forth in the materials provided by the Buyer or that are included in such filings and/or mailings), except that no warranty or representation is made by the Buyer with respect to statements made or incorporated by reference therein based on information supplied by the Utz Companies, the Sellers or their Affiliates for inclusion therein. The Form S-4 will will, at the time it is mailed to the Buyer Shareholders, comply in all material respects with the applicable requirements of the Securities Act, the Securities Exchange Act and the rules and regulations of the SEC thereunder applicable to the Form S-4.