Common use of Information to be Supplied Clause in Contracts

Information to be Supplied. (a) Each of the Offer Documents and the other documents required to be filed by Parent with the SEC in connection with the Offer, the Merger and the other transactions contemplated hereby will comply as to form, in all material respects, with the requirements of the Exchange Act and will not, on the date of its filing, and none of the information supplied or to be supplied by Parent or Merger Sub expressly for inclusion or incorporation by reference in the Schedule 14D-9 or the Proxy Statement will, in the case of the Schedule 14D-9, at the time the Schedule 14D-9 is filed with the SEC and first published, sent or given to the Company's stockholders or, in the case of the Proxy Statement on the dates the Proxy Statement is mailed to stockholders of the Company and at the time of the Company Stockholders Meeting, 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 are made, not misleading. (b) Notwithstanding the foregoing provisions of this Section 4.4, no representation or warranty is made by Parent with respect to statements made or incorporated by reference in the Offer Documents, the Schedule 14D-9 or Proxy Statement based on information supplied by the Company expressly for inclusion or incorporation by reference therein.

Information to be Supplied. (a) Each of the Schedule TO and the Offer Documents and the other documents required to be filed by Parent with the SEC in connection with the Offer, the Merger and the other transactions contemplated hereby will comply as to form, in all material respects, with the requirements of the Exchange Act and will not, on the date of its filing, and none of the information supplied or to be supplied by Parent or Merger Sub Purchaser expressly for inclusion or incorporation by reference in the Schedule 14D-9 or the Proxy Statement will, in the case of the Schedule 14D-9, at the time the Schedule 14D-9 is filed with the SEC and first published, sent or given to the Company's stockholders shareholders or, in the case of the Proxy Statement on the dates the Proxy Statement is mailed to stockholders shareholders of the Company and at the time of the Company Stockholders MeetingShareholder Meeting 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 therein, in the light of the circumstances under which they are made, not misleading. (b) Notwithstanding the foregoing provisions of this Section 4.47.4, no representation or warranty is made by Parent with respect to statements made or incorporated by reference in the Schedule TO, the Offer Documents, the Schedule 14D-9 or Proxy Statement based on information supplied by the Company expressly for inclusion or incorporation by reference thereintherein or based on information which is not made in or incorporated by reference in such documents but which should have been disclosed pursuant to Section 6.6.

Information to be Supplied. (a) Each of the Offer Documents and the other documents required to be filed by Parent with the SEC in connection with the Offer, the Merger and the other transactions contemplated hereby will comply as to form, in all material respects, with the requirements of the Exchange Act and will not, on the date of its filing, and none of the information supplied or to be supplied by Parent or Merger Sub the Purchaser expressly for inclusion or incorporation by reference in the Schedule 14D-9 or the Proxy Statement will, in the case of the Schedule 14D-9, at the time the Schedule 14D-9 is filed with the SEC and first published, sent or given to the Company's stockholders or, in the case of the Proxy Statement on the dates the Proxy Statement is mailed to stockholders of the Company and at the time of the Company Stockholders MeetingShareholder Meeting 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 therein, in light of the circumstances under which they are made, not misleading. (b) Notwithstanding the foregoing provisions of this Section 4.46.4, no representation or warranty is made by Parent with respect to statements made or incorporated by reference in the Offer Documents, the Schedule 14D-9 or Proxy Statement based on information supplied by the Company expressly for inclusion or incorporation by reference thereintherein or based on information which is not made in or incorporated by reference in such documents but which should have been disclosed pursuant to Section 5.6.

Information to be Supplied. (a) Each of the Offer Documents Schedule 14D-9 and the Proxy Statement and the other documents required to be filed by Parent the Company with the SEC in connection with the Offer, the Merger and the other transactions contemplated hereby will comply as to form, form in all material respects, respects with the requirements of the Exchange Act and the rules and regulations of the SEC thereunder and will not, on the date of its filingfiling or, in the case of the Proxy Statement, on the date it is mailed to shareholders of the Company and at the time of the Company Shareholder Meeting, and none of the written information supplied or to be supplied by Parent or Merger Sub the Company expressly for inclusion or incorporation by reference in the Schedule 14D-9 TO or the Proxy Statement will, in the case of the Schedule 14D-9, Offer Documents will at the time the Schedule 14D-9 is TO or the Offer Documents are filed with the SEC and first published, sent or given to the Company's stockholders or, in the case of the Proxy Statement on the dates the Proxy Statement is mailed to stockholders of the Company and at the time of the Company Stockholders Meetingshareholders, 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 are made, not misleading. (b) Notwithstanding the foregoing provisions of this Section 4.46.6, no representation or warranty is made by Parent the Company with respect to statements made or incorporated by reference in the Offer Documents, Proxy Statement or the Schedule 14D-9 or Proxy Statement based on information supplied by the Company Parent or Purchaser expressly for inclusion or incorporation by reference thereintherein or based on information which is not included in or incorporated by reference in such documents but which should have been disclosed pursuant to Section 7.4.

Information to be Supplied. (a) Each of the Offer Documents Schedule 14D-9 and the Proxy Statement and the other documents required to be filed by Parent the Company with the SEC in connection with the Offer, the Merger and the other transactions contemplated hereby will comply as to form, form in all material respects, respects with the requirements of the Exchange Act and the rules and regulations of the SEC thereunder and will not, on the date of its filingfiling or, in the case of the Proxy Statement, on the date it is mailed to shareholders of the Company and at the time of the Company Shareholder Meeting, and none of the written information supplied or to be supplied by Parent or Merger Sub the Company expressly for inclusion or incorporation by reference in the Schedule 14D-9 TO or the Proxy Statement will, in the case of the Schedule 14D-9, Offer Documents will at the time the Schedule 14D-9 is TO or the Offer Documents are filed with the SEC and first published, sent or given to the Company's stockholders or, in the case of the Proxy Statement on the dates the Proxy Statement is mailed to stockholders of the Company and at the time of the Company Stockholders Meetingshareholders, 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 are made, not misleading. (b) Notwithstanding the foregoing provisions of this Section 4.4, no representation or warranty is made by Parent with respect to statements made or incorporated by reference in the Offer Documents, the Schedule 14D-9 or Proxy Statement based on information supplied by the Company expressly for inclusion or incorporation by reference therein.