Common use of Information to be Supplied by Parent Clause in Contracts

Information to be Supplied by Parent. The information supplied by Parent or Merger Sub for inclusion in the Permit Application shall not, at the time the Fairness Hearing is held pursuant to Section 25142 of the California Code or the time the qualification of such securities is effective under Section 25122 of the California Code, 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 therein, in light of the circumstances under which they were made, not misleading. The information supplied by Parent or Merger Sub for inclusion in the Information Statement shall not, on the date the Information Statement is first mailed to the Company's shareholders, at the time of the Company Shareholder Action and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances under which it is made, not false or misleading; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the solicitation of proxies or written consents for the Company Shareholder Action which has become false or misleading. Notwithstanding the foregoing, Parent and Merger Sub make no representation, warranty or covenant with respect to any information supplied by the Company which is contained in any of the foregoing documents.

Information to be Supplied by Parent. The Parent covenants to the Company ------------------------------------ that the information supplied by Parent or Merger Sub for inclusion in the Permit Application shall not, at the time the Fairness Hearing is held pursuant to Section 25142 of the California Code or and the time the qualification of such securities is effective under Section 25122 of the California Code, 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 therein, in light of the circumstances under which they were made, not misleading. The Parent further covenants to the Company that the information to be supplied by Parent or Merger Sub for inclusion in the Information Statement shall not, on the date the that Information Statement is first mailed to the Company's shareholdersstockholders, at the time of the Company Shareholder Action Stockholders Meeting and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances under which it is they are made, not false or misleading; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the solicitation of proxies or written consents for the Company Shareholder Stockholders Action which has become false or misleading. Notwithstanding the foregoing, Parent and Merger Sub make makes no representation, warranty or covenant with respect to any information supplied by the Company which is contained in any of the foregoing documents.

Information to be Supplied by Parent. The information supplied by Parent or Merger Sub for inclusion in the Permit Application shall not, not either at the time the Fairness Hearing is held pursuant to Section section 25142 of the California Code Law or the time the qualification of such securities is effective under Section section 25122 of the California CodeLaw, 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 therein, in light of the circumstances under which they were made, not misleading. The information supplied by Parent or Merger Sub for inclusion in the Information Statement shall not, on the date the Information Statement is first mailed to the Company's ’s shareholders, at the time of the Company Shareholder Action and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances under which it is made, not false or misleading; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the solicitation of proxies or written consents for the Company Shareholder Action which has become false or misleading. Notwithstanding the foregoing, Parent and Merger Sub make makes no representation, warranty or covenant with respect to any information supplied by the Company which is contained in any of the foregoing documents.

Information to be Supplied by Parent. The information supplied by Parent or Merger Sub for inclusion in the Permit Application shall not, not either at the time the Fairness Hearing is held pursuant to Section section 25142 of the California Code or the time the qualification of such securities is effective under Section section 25122 of the California Code, 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 therein, in the light of the circumstances under which they were made, not misleading. The information supplied by Parent or Merger Sub for inclusion in the Information Statement shall not, on the date the Information Statement is first mailed to the Company's shareholdersstockholders, at the time of the Company Shareholder Stockholder Action and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which it is made, not false or misleading; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the solicitation of proxies or written consents for the Company Shareholder Stockholder Action which has become false or misleading. Notwithstanding the foregoing, Parent and Merger Sub make makes no representation, warranty or covenant with respect to any information supplied by the Company which is contained in any of the foregoing documents.

Information to be Supplied by Parent. The information supplied by Parent or ------------------------------------ and Merger Sub for inclusion in the Permit Application shall not, at the time the Fairness Hearing fairness hearing is held pursuant to Section 25142 of the California Code or and the time the qualification of such securities is effective under Section 25122 of the California Code, 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 therein, in light of the circumstances under which they were mademad, not misleading. The information supplied by Parent or Merger Sub for inclusion in the Information Statement shall not, on the date the Information Statement is first mailed to the Company's shareholdersholders of Target Units, at the time of the Company Shareholder Target Units Holders Action and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which it is they are made, not false or misleading; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the solicitation of proxies or written consents for the Company Shareholder Target Units Holders Action which has become false or misleading. Notwithstanding the foregoing, Parent and Merger Sub make no representation, warranty or covenant with respect to any information supplied by the Company which Target that is contained in any of the foregoing documents.

Information to be Supplied by Parent. The information supplied by Parent or and Merger Sub for inclusion in the Permit Application shall not, at the time the Fairness Hearing fairness hearing is held pursuant to Section 25142 of the California Code or and the time the qualification of such securities is effective under Section 25122 of the California Code, 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 therein, in light of the circumstances under which they were mademad, not misleading. The information supplied by Parent or Merger Sub for inclusion in the Information Statement shall not, on the date the Information Statement is first mailed to the Company's shareholdersholders of Target Units, at the time of the Company Shareholder Target Units Holders Action and at the Effective Time, contain any statement which, at such time, is false or misleading with respect to any material fact, or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which it is they are made, not false or misleading; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the solicitation of proxies or written consents for the Company Shareholder Target Units Holders Action which has become false or misleading. Notwithstanding the foregoing, Parent and Merger Sub make no representation, warranty or covenant with respect to any information supplied by the Company which Target that is contained in any of the foregoing documents.