Common use of Misleading Prospectus Clause in Contracts

Misleading Prospectus. Promptly notify the Stockholders, at any time when the prospectus covered by the Registration Statement is required to be delivered under the 1933 Act, upon the Company becoming aware that the prospectus included in the Registration Statement, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately thereafter use its reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable Shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify the Stockholderseach Holder, at any time when the a prospectus relating thereto covered by the Registration Statement such registration statement is required to be delivered under the 1933 Act, upon the Company Parent becoming aware that the prospectus included in the such Registration Statement, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately as soon as practicable thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders such Holder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable SharesSecurities, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify the Stockholderseach Rightsholder, at any time when the a prospectus relating thereto covered by the Registration Statement is required to be delivered under the 1933 Securities Act, upon the Company Kmart becoming aware that the prospectus included in the such Registration Statement, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately thereafter use its reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders such Rightsholder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable Shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify the Stockholderseach Holder, at any time when the a prospectus relating thereto covered by the Registration Statement such registration statement is required to be delivered under the 1933 Act, upon the Company Parent becoming aware that the prospectus included in the such Registration Statement, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately as soon as practicable thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders such Holder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable SharesSecurities, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify each Stockholder for whom such Registrable Shares are covered by the StockholdersForm S-3, at any time when the a prospectus covered by the Registration Statement relating thereto is required to be delivered under the 1933 Act, upon of the Company becoming aware that happening of any event as a result of which the prospectus included in the Registration StatementForm S-3, as then in effect, includes an untrue statement of a material fact or omits to state a any material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existingunder which they were made. Thereafter, and immediately thereafter Exelixis shall use its commercially reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders each Stockholder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable Registerable Shares, such prospectus shall not include an untrue statement of a material fact or omit to state a any material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify the Stockholderseach Stockholder, at any time when the a prospectus relating thereto covered by the Registration Statement is required to be delivered under the 1933 Act, upon the Company Purchaser becoming aware that the prospectus included in the Registration Statement, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately thereafter thereafter, use its reasonable best efforts to prepare and file with the SEC as soon as possible and furnish to the Stockholders each Stockholder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable Shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify the Stockholderseach Shareholder, at any time when the a prospectus relating thereto covered by the Registration Statement is required to be delivered under the 1933 Act, upon the Company becoming aware that the prospectus included occurrence of an event as a result of which, in the reasonable judgment of Parent, such Registration Statement, as then in effect, includes Statement or the related prospectus contains or may contain an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately . Immediately thereafter Parent shall use its commercially reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders each Shareholder as promptly as possible a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable Registerable Shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify the Stockholderseach Stockholder, at any time when the prospectus relating thereto covered by the Registration Statement is required to be delivered under the 1933 Act, upon the Company Parent becoming aware that the prospectus included in the Registration Statement, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately thereafter use its reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders such Stockholder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable Registerable Shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.

Misleading Prospectus. Promptly notify the Stockholderseach Shareholder, at any time when the a prospectus relating thereto covered by the Registration Statement is required to be delivered under the 1933 Act, upon the Company Parent becoming aware that the prospectus included in the Registration Statement, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing, and immediately thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to the Stockholders each Shareholder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such Registrable Registerable Shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances under which they are made.