Common use of Misleading Prospectus Clause in Contracts

Misleading Prospectus. Promptly notify each Holder, at any time when a prospectus relating thereto covered by such registration statement is required to be delivered under the 1933 Act, upon Parent becoming aware that the prospectus included in 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 as soon as practicable thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to 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 Securities, 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 Holderthe Stockholders, at any time when a the prospectus relating thereto covered by such registration statement the Registration Statement is required to be delivered under the 1933 Act, upon Parent the Company becoming aware that the prospectus included in such 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 as soon as practicable immediately thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to such Holder 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 SecuritiesShares, 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 HolderRightsholder, at any time when a prospectus relating thereto covered by such registration statement the Registration Statement is required to be delivered under the 1933 Securities Act, upon Parent Kmart becoming aware that the prospectus included in 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 as soon as practicable immediately thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to such Holder 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 SecuritiesShares, 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 HolderStockholder, at any time when a the prospectus relating thereto covered by such registration statement the Registration Statement is required to be delivered under the 1933 Act, upon Parent becoming aware that the prospectus included in such 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 as soon as practicable immediately thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to such Holder 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 SecuritiesRegisterable 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 each Holder, at any time when a prospectus relating thereto covered by such registration statement is required to be delivered under the 1933 Act, upon Parent becoming aware that the prospectus included in 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 as soon as practicable thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to 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 Securities, 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 HolderStockholder for whom such Registrable Shares are covered by the Form S-3, at any time when a prospectus relating thereto covered by such registration statement is required to be delivered under the 1933 Act, upon Parent becoming aware that of the happening of any event as a result of which the prospectus included in such Registration Statementthe Form 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 as soon as practicable thereafter Exelixis shall use its commercially reasonable best efforts to prepare and file with the SEC and furnish to such Holder 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 SecuritiesRegisterable 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 each HolderStockholder, at any time when a prospectus relating thereto covered by such registration statement the Registration Statement is required to be delivered under the 1933 Act, upon Parent Purchaser becoming aware that the prospectus included in such 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 as soon as practicable thereafter immediately thereafter, use its commercially reasonable best efforts to prepare and file with the SEC as soon as possible and furnish to such Holder 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 SecuritiesShares, 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 HolderShareholder, at any time when a prospectus relating thereto covered by such registration statement the Registration Statement is required to be delivered under the 1933 Act, upon Parent 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 as soon as practicable . Immediately thereafter Parent shall use its commercially reasonable best efforts to prepare and file with the SEC and furnish to such Holder 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 SecuritiesRegisterable 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 each HolderShareholder, at any time when a prospectus relating thereto covered by such registration statement the Registration Statement is required to be delivered under the 1933 Act, upon Parent becoming aware that the prospectus included in such 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 as soon as practicable immediately thereafter use its commercially reasonable best efforts to prepare and file with the SEC and furnish to such Holder 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 SecuritiesRegisterable 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.