Common use of No Material Misstatements or Omissions in Disclosure Package Clause in Contracts

No Material Misstatements or Omissions in Disclosure Package. (i) The Disclosure Package and the price to the public, the number of Firm Units and the number of Option Units to be included on the cover page of the Prospectus, when taken together as a whole, and (ii) each bona fide electronic road show, as that term is defined in Rule 433(h)(5) under the Act, when taken together as a whole with the Disclosure Package, and the price to the public, the number of Firm Units and the number of Option Units to be included on the cover page of the Prospectus, did not, as of the Execution Time, contain any untrue statement of a 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 they were made, not misleading. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Partnership by any Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 16 hereof.

Appears in 2 contracts

Samples: Abraxas Energy Partners LP, Abraxas Energy Partners LP

AutoNDA by SimpleDocs

No Material Misstatements or Omissions in Disclosure Package. (i) The Disclosure Package and the price to the public, the number of Firm Units and the number of Option Units to be included on the cover page of the Prospectus, when taken together as a whole, and (ii) each bona fide electronic road show, as that term is defined in Rule 433(h)(5) under the Act, when taken together as a whole with the Disclosure Package, and the price to the public, the number of Firm Units and the number of Option Units to be included on the cover page of the Prospectus, did not, as of the Execution Time, contain any untrue statement of a 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 they were made, not misleading. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Partnership by the Selling Unitholder or any Underwriter specifically for use therein, it being understood and agreed that (A) as to the Selling Unitholder, the only such information furnished by the Selling Unitholder consists of the information described as such in Section 16(a) hereof and (B) as to any Underwriter, the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 16 16(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Abraxas Energy Partners LP)

AutoNDA by SimpleDocs

No Material Misstatements or Omissions in Disclosure Package. (i) The Disclosure Package and the price to the public, the number of Firm Units and the number of Option Units to be included on the cover page of the Prospectus, when taken together as a whole, and (ii) each bona fide electronic road show, as that term is defined in Rule 433(h)(5) under the Act, when taken together as a whole with the Disclosure Package, and the price to the public, the number of Firm Units and the number of Option Units to be included on the cover page of the Prospectus, did not, as of the Execution Time, contain any untrue statement of a 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 they were made, not misleading. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Partnership by any Underwriter specifically for use therein, it being understood and agreed that that, as to any Underwriter, the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 16 14 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Abraxas Energy Partners LP)

Time is Money Join Law Insider Premium to draft better contracts faster.