Information True. Any information furnished by AFD to Lincoln National for use in the registration statement of the Fund or the Policies will not result in the registration statements':
i. Failing to conform in all respects to the requirements of the 1933 Act, the 1934 Act, or the 1940 Act and the rules and regulations thereunder, or
ii. Containing any untrue statement of a material fact or omission to state a material fact required to be stated therein or necessary to make the statements therein not misleading. AFD will furnish Lincoln National such information with respect to the Fund or otherwise relevant to this Agreement or the distribution of the Policies in such form and signed by such of its officers as Lincoln National may reasonably request, and warrants that when so signed, such information will be true and correct.
Information True. No written information, statement or certificate with respect to the Properties furnished by Seller or any affiliate, representative, employee or consultant of any Seller pursuant hereto or in connection with the transactions contemplated hereby when taken as a whole with all other information provided to Buyer, intentionally contains any untrue statement of a material fact or intentionally omits a material fact necessary to make the statements contained therein under the circumstances in which they are made not misleading.
Information True. No information, statement, or certificate with respect to the Subject Interests furnished by either Seller or Guarantor or any representative, employee, or consultant of either Seller or Guarantor pursuant hereto or in connection with the transactions contemplated hereby and by the Related Agreements, when taken as a whole with all other information provided to Buyer, contains any untrue statement of a material fact or omits a material fact necessary to make the statements contained therein under the circumstances in which they are made not misleading. Neither Seller has knowledge of any fact that has not been disclosed to Buyer which would be likely to adversely affect the value of the Production Payment or would be likely to adversely affect in any material respect the use or operation of the Subject Interests or would be likely to interfere in any material respect with the transactions contemplated by this Agreement or the Related Agreements. The engineering information with respect to the Subject Interests supplied to Buyer by or on behalf of the Sellers was from the Reserve Report delivered pursuant to Section 8.02K hereof.
Information True. All statements made by Optionor herein are true and correct to the best of Optionor's knowledge, and the information provided and to be provided by Optionor to Optionee hereunder does not and will not contain any statement which, at the time and in the light of the circumstances under which it is made, is false or misleading with respect to any material fact, or omits to state any material fact (which is known, or in the exercise of reasonable diligence by Optionor, should have been known) necessary in order to make any statement contained therein not false or misleading in any material respect;
Information True. All information with respect to the Collateral set forth in any schedule, certificate or other writing at any time heretofore or hereafter furnished by such Debtor to the Administrative Agent or any Secured Party, and all other written information heretofore or hereafter furnished by such Debtor to the Administrative Agent or any Secured Party, is and will be true and correct in all material respects as of the date furnished.
Information True all information which has been or will be, prior to the Delivery Date, provided by or on behalf of the Producer to Xx Xxxxxx Xxxx was or will be true, complete and accurate in all respects;
Information True that all of the information supplied by the Borrower in connection with the Facility Letter is true, complete and accurate in all material respects as at the date it was provided or as at the date (if any) at which it is stated and the Borrower is not aware of any material facts or circumstances that have not been disclosed to Nedbank.
Information True. All information which the Purchaser has provided to the Company concerning the Purchaser, his, her or its financial position, his, her or its status as an accredited investor, his, her or its knowledge of financial and business matters, all statements and representations as contained herein are correct and complete and if there should be any material change in such information prior to this subscription being accepted, the Purchaser will immediately provide the Company with such information.
Information True. In relation to information:
(i) all factual information supplied by or on behalf of the Borrower to the Lender or the Facility Agent in connection with this Agreement and also all factual information supplied by or on behalf of the Borrower to be forwarded to the ECA Insurer either in connection with the application to obtain, or pursuant to, the export credit insurance of Finland for the Facility was, in each case, true and accurate (or, in the case of information prepared by any other person, was true and accurate to the Borrower’s knowledge) in all material respects as at the date it was provided or as at the date (if any) at which it is stated to be given;
(ii) all forecasts and projections supplied by or on behalf of the Borrower to the Lender or the Facility Agent in connection with this Agreement were prepared (as at the date they were provided or as at the date (if any) at which they are stated to be given) on the basis of recent historical information and assumptions believed by the Borrower to be fair and reasonable and arrived at after careful consideration;
(iii) all expressions of opinion, expectation, intention or policy supplied by or on behalf of the Borrower to the Lender or the Facility Agent in connection with this Agreement were made after careful consideration and enquiry and are believed by the Borrower to be fair and reasonable as at the date they were provided or as at the date (if any) at which they are stated to be given, and can be properly supported;
(iv) such factual information and those forecasts and projections did not omit, as at their respective dates, any matters which, if disclosed, would make such factual information or, as the case may be, those forecasts and projections untrue or misleading in any material adverse respect; and
(v) as at the date of this Agreement, nothing has occurred since the date of such factual information or those forecasts and projections or those expressions of opinion, expectation, intention or policy which, if disclosed, would make such factual information, or those forecasts and projections or, as the case may be, those expressions of opinion, expectation, intention or policy untrue or misleading in any material adverse respect.
Information True all information which has been or will be, prior to the Delivery Date, provided by or on behalf of the Producer to Te Māngai Pāho was or will be true, complete and accurate in all respects;
