Common use of No misleading information Clause in Contracts

No misleading information. (a) The factual information contained in the Information Package was true 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. (b) Any financial projection or forecast contained in the Information Package or the Base Case Model has been prepared on the basis of recent historical information and on the basis of assumptions which have been carefully considered by the management of the Company and are considered by them to be fair and reasonable (at the date of the relevant report or document containing the projection or forecast). (c) Any expressions of opinion or intention provided in the Information Package represent the honestly held opinion or view of the relevant Obligor or the Company and were made after careful consideration and were based on grounds believed by that Obligor or the Company to be reasonable. (d) Nothing has occurred or has arisen and no information has been omitted from the Information Package and no information has been given or withheld that results in the information contained in the Information Package being untrue or misleading in any material respect. (e) All other written information provided by any Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was not misleading in any material respect as at the date it was provided.

No misleading information. (aA) The factual information contained Save as disclosed in writing to the Senior Agent and the Arranger prior to the date of this Agreement, all Supplied Information Package was true and accurate and not misleading in all material respects as at the date it was provided or as at the date (if any) at which it is stated, any projections provided to any Finance Party in the Supplied Information were prepared in good faith on the basis of assumptions that were reasonable at the time at which they were prepared and supplied and any expressions of opinion or intention provided by or on behalf of it for the purposes of any of the Supplied Information were made after careful consideration and were fair and based on reasonable grounds as at the date provided or as at the date (if any) at which it is stated. (B) No event or circumstances has occurred or arisen and no information has been omitted from the Supplied Information and no information has been given or withheld that results in the information, opinions, intentions, forecasts or projections contained in the Supplied Information being untrue or misleading in any material respect. (C) Each Utilisation Request and any information provided in respect of any audit conducted pursuant to a Transaction Document and any information provided pursuant to Clause 20 (Information Undertakings) is true, accurate and not misleading in all material respects as at the date it was provided or as at the date (if any) at which it is stated. (b) Any financial projection or forecast contained in the Information Package or the Base Case Model has been prepared on the basis of recent historical information and on the basis of assumptions which have been carefully considered by the management of the Company and are considered by them to be fair and reasonable (at the date of the relevant report or document containing the projection or forecast). (c) Any expressions of opinion or intention provided in the Information Package represent the honestly held opinion or view of the relevant Obligor or the Company and were made after careful consideration and were based on grounds believed by that Obligor or the Company to be reasonable. (d) Nothing has occurred or has arisen and no information has been omitted from the Information Package and no information has been given or withheld that results in the information contained in the Information Package being untrue or misleading in any material respect. (e) All other written information provided by any Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was not misleading in any material respect as at the date it was provided.

No misleading information. (a) The Any factual information contained in the Information Package was is true and accurate in all material respects as at the date it was provided of the relevant report or document containing the information or (as the case may be) as at the date (if any) at which it the information is statedexpressed to be given. (b) Any budget, financial projection or forecast contained in the Information Package or the Base Case Model has been prepared on the basis of recent historical information and on the basis of reasonable assumptions which have been carefully considered by the management of the Company and are considered by them to be was fair and reasonable (as at the date of the relevant report or document containing the projection or forecast)) and arrived at after careful consideration. (c) Any The expressions of opinion or intention provided in by or on behalf of an Obligor for the purposes of the Information Package represent the honestly held opinion or view of the relevant Obligor or the Company and were made after careful consideration and (as at the date of the relevant report or document containing the expression of opinion or intention) were fair and based on grounds believed by that Obligor or the Company to be reasonablereasonable grounds. (d) Nothing To the best of the Borrower's knowledge and belief (having made due and careful enquiry) no event or circumstance has occurred or has arisen and no information has been omitted from the Information Package and no information has been given or withheld that results in the information information, opinions, intentions, forecasts or projections contained in the Information Package being untrue or misleading in any material respect. (e) All To the best of the Borrower's knowledge and belief (having made due and careful enquiry) all other written information provided by any Group Company Member (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was is not misleading in any material respect as at respect. (f) For the date it was providedpurposes of this clause 19.8, Information Package means the newbuild financing investor memorandum dated January 2024 provided by the Borrower to any of the Finance Parties in connection with the Transaction Documents or the transactions referred to in them.

No misleading information. (a) The factual Any information contained furnished to the Company in relation to such Guarantor, the Information Package Transaction, the Transaction Documents and the Lines of Credit was true 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. (b) Any financial projection or forecast contained in the Information Package or the Base Case Model has projections provided by it with respect to such Guarantor have been prepared on the basis of recent historical information and on the basis of assumptions which have been carefully considered by the management of the Company and are considered by them to be fair and reasonable (at the date of the relevant report or document containing the projection or forecast)assumptions. (c) Any expressions of opinion or intention provided opinions, projections and forecasts furnished to the Company with respect to such Guarantor by it genuinely represented its views and were arrived at after due and careful consideration, are based on the best information available to it and on fair and reasonable assumptions and are, in its considered opinion, fair and reasonable in the Information Package represent circumstances prevailing at the honestly held opinion or view time when such forecasts and projections were made and in the light of the relevant Obligor or the Company and were made after careful consideration and were based on grounds believed by that Obligor or the Company to be reasonableassumptions made. (d) Nothing has occurred or has arisen and no information has been omitted from the Information Package and no information has been given or withheld that results in the information contained in the Information Package such information, opinions, projections or forecasts being untrue or misleading in and such Guarantor is not aware of any material respectfacts or circumstances which could make any of such information, opinions, projections and forecasts untrue, incomplete, inaccurate or misleading. (e) All other written information provided by any Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was not misleading in any material respect as at the date it was provided.

No misleading information. Save as disclosed in writing to the Agent and the Arranger prior to the date of this Agreement: (a) The any factual information contained in the Information Package was true and accurate in all material respects as at the date it was provided of the relevant report or document containing the information or (as the case may be) as at the date (if any) at which it the information is stated.expressed to be given; (b) Any the Base Case Model has been prepared in accordance with the Accounting Principles as applied to the Original Financial Statements, and the financial projections contained in the Base Case Model have been prepared on the basis of recent historical information, are fair and based on reasonable assumptions and have been approved by the board of directors of the Borrower; (c) any financial projection or forecast contained in the Information Package or the Base Case Model has been prepared on the basis of recent historical information and on the basis of reasonable assumptions which have been carefully considered by the management of the Company and are considered by them to be was fair and reasonable (as at the date of the relevant report or document containing the projection or forecast).) and arrived at after careful consideration; (cd) Any the expressions of opinion or intention provided in by or on behalf of an Obligor for the purposes of the Information Package represent the honestly held opinion or view of the relevant Obligor or the Company and were made after careful consideration and (as at the date of the relevant report or document containing the expression of opinion or intention) were fair and based on grounds believed by that Obligor or the Company to be reasonable.reasonable grounds; (de) Nothing no event or circumstance has occurred or has arisen and no information has been omitted from the Information Package and no information has been given or withheld that results in the information information, opinions, intentions, forecasts or projections contained in the Information Package being untrue or misleading in any material respect.; and (ef) All all other written information provided by any member of the Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was is not misleading in any material respect as at the date it was providedrespect.

No misleading information. (a) The Any written factual information contained in provided to the Information Package Agent by any Obligor was true and accurate in all material respects as at the date it was provided or as at the date (if any) at which it information is statedexpressed to be given. (b) Any financial projection or forecast contained in provided to the Information Package or the Base Case Model Agent by any Obligor has been prepared on the basis of recent historical information and on the basis of reasonable assumptions which have been carefully considered by the management of the Company and are considered by them to be was fair and reasonable (as at the date of the relevant report or document containing the projection or forecast)forecast was provided) and arrived at after careful consideration. (c) Any The expressions of opinion or intention provided by or on behalf of an Obligor to the Agent in the Information Package represent the honestly held opinion any report or view of the relevant Obligor or the Company and document were made after careful consideration and (as at the date of the report or document containing the expression of opinion or intention) were fair and based on grounds believed by that Obligor or the Company to be reasonablereasonable grounds. (d) Nothing No event or circumstance has occurred or has arisen and no information has been omitted from any report or document provided to the Information Package Agent by any Obligor and no information has been given or withheld that results in the information information, opinions, intentions, forecasts or projections contained in the Information Package relevant report being untrue or misleading in any material respect. (e) All material information provided to a Finance Party by or on behalf of the Parent or any Obligor in connection with any Permitted Acquisition at the time such information is provided and not superseded before that date is accurate and not misleading in any material respect and all projections provided to any Finance Party at the time such information is provided have been prepared in good faith on the basis of assumptions which were reasonable at the time at which they were prepared and supplied. (f) All other written information provided by any Obligor or any member of the Group Company (including its advisers) to a Finance Party or the provider of any report was true, complete and accurate in all material respects as at the date it was provided and was is not misleading in any material respect as at the date it was providedrespect.

No misleading information. (a) The Any factual information contained in provided to the Information Package Finance Parties by it (or on its behalf) was true 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. (b) Any financial projection or forecast contained in any information provided to the Information Package Finance Parties by it (or the Base Case Model on its behalf) has been prepared on the basis of recent historical information and on the basis of assumptions which have been carefully considered by the management of the Company and are considered by them to be fair and reasonable (at the date of the relevant report or document containing the projection or forecast). (c) Any expressions of opinion or intention provided in any information provided to the Information Package Finance Parties by it (or on its behalf) represent the honestly held opinion or view of the relevant that Obligor or the Company and were made after careful consideration and were based on grounds believed by that Obligor or the Company to be reasonable. (d) Nothing has occurred or has arisen and no information has been omitted from the Information Package information provided so far and no information has been given or withheld that results in the information contained in the Information Package provided so far being untrue or misleading in any material respect. (e) All other written information provided by any Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was not misleading in any material respect as at the date it was provided.

No misleading information. Save as disclosed in writing to the Lender prior to the date of this Agreement, (a) The any factual information contained in any documents provided to the Lender by the Association or AEGON for the purposes of entering into the Transaction Documents (the “Information Package Documents”) was true and accurate in all material respects as at the date it was provided of the Information Document or (as the case may be) as at the date (if any) at which it the information is stated.expressed to be given; (b) Any financial projection the written expressions of opinion or forecast contained in intention provided by or on behalf of the Association or AEGON for the purposes of the Information Package or the Base Case Model has been prepared on the basis of recent historical information Documents were made after careful consideration and on the basis of assumptions which have been carefully considered by the management of the Company and are considered by them to be fair and reasonable (as at the date of the relevant report or document containing the projection expression of opinion or forecast).intention) were fair and based on reasonable grounds; (c) Any expressions of opinion no event or intention provided in the Information Package represent the honestly held opinion or view of the relevant Obligor or the Company and were made after careful consideration and were based on grounds believed by that Obligor or the Company to be reasonable. (d) Nothing circumstance has occurred or has arisen and no information has been omitted from the Information Package Documents and no information has been given or withheld that results in the information contained in the Information Package Documents being untrue or misleading in any material respect.; (ed) All other all material written information provided to the Lender by any or on behalf of the Association or AEGON for the purposes of entering into the Transaction Documents and the financial condition of the Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at on or before the date it was provided of this Agreement and, in each case, not superseded before that date is accurate and was not misleading in any material respect as and all written financial information provided to the Lender on or before the date of this Agreement for the purposes of entering into the Transaction Documents have been prepared in good faith on the basis of assumptions which were considered reasonable at the date it was providedtime at which they were prepared and supplied.

No misleading information. (a) The factual information contained in the Information Package was true 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. (b) Any financial projection or forecast contained in the Information Package or the Base Case Model has been prepared on the basis of recent historical information and on the basis of assumptions which have been carefully considered by the management of the Company Sappi Limited and are considered by them to be fair and reasonable (at the date of the relevant report or document containing the projection or forecast). (c) Any expressions of opinion or intention provided in the Information Package represent the honestly held opinion or view of the relevant that Obligor or the Company Sappi Limited and were made after careful consideration and were based on grounds believed by that Obligor or the Company to be reasonable. (d) Nothing has occurred or has arisen and no information has been omitted from the Information Package and no information has been given or withheld that results in the information contained in the Information Package being untrue or misleading in any material respect. (e) All other written information provided by any Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was not misleading in any material respect as at the date it was provided.

No misleading information. To the best of its knowledge after due enquiry: (a) The any factual information contained in the Information Memorandum or the Information Package was true and accurate in all material respects as at the date it was provided of the relevant report or document containing the information or (as the case may be) as at the date (if any) at which it the information is stated.expressed to be given; (b) Any any financial projection or forecast contained in the Information Package Memorandum or the Base Case Model Information Package has been prepared on the basis of recent historical information and on the basis of assumptions which have been carefully considered by the management of the Company reasonable assumption and are considered by them to be was fair and reasonable (as at the date of the relevant report or document containing the projection or forecast).) and arrived at after careful consideration; (c) Any the expressions of opinion or intention provided in by or on behalf of an Obligor for the purposes of the Information Memorandum or the Information Package represent the honestly held opinion or view of the relevant Obligor or the Company and were made after careful consideration and (as at the date of the relevant report or document containing the expression of opinion or intention) were fair and based on grounds believed by that Obligor or the Company to be reasonable.reasonable grounds; and (d) Nothing no event or circumstance has occurred or has arisen and no information has been omitted from the Information Memorandum or the Information Package and no information has been given or withheld that results in the information information, opinions, intentions, forecasts or projections contained in the Information Memorandum or the Information Package being untrue or misleading in any material respect. (e) All other written information provided by any Group Company (including its advisers) to a Finance Party was true, complete and accurate in all material respects as at the date it was provided and was not misleading in any material respect as at the date it was providedof that Information Memorandum or Information Package.

No misleading information. (a) The Any factual information contained in the Information Package was is true and accurate in all material respects as at the date it was provided of the relevant report or document containing the information or (as the case may be) as at the date (if any) at which it the information is statedexpressed to be given. (b) Any budget, financial projection or forecast contained in the Information Package or the Base Case Model has been prepared on the basis of recent historical information and on the basis of reasonable assumptions which have been carefully considered by the management of the Company and are considered by them to be was fair and reasonable (as at the date of the relevant report or document containing the projection or forecast)) and arrived at after careful consideration. (c) Any The expressions of opinion or intention provided in by or on behalf of an Obligor for the purposes of the Information Package represent the honestly held opinion or view of the relevant Obligor or the Company and were made after careful consideration and (as at the date of the relevant report or document containing the expression of opinion or intention) were fair and based on grounds believed by that Obligor or the Company to be reasonablereasonable grounds. (d) Nothing To the best of the Borrower’s knowledge and belief (having made due and careful enquiry) no event or circumstance has occurred or has arisen and no information has been omitted from the Information Package and no information has been given or withheld that results in the information information, opinions, intentions, forecasts or projections contained in the Information Package being untrue or misleading in any material respect. (e) All To the best of the Borrower’s knowledge and belief (having made due and careful enquiry) all other written information provided by any Group Company Member (including its advisers) to a Finance Party the Lender was true, complete and accurate in all material respects as at the date it was provided and was is not misleading in any material respect as at respect. ​ ​ (f) For the date it was providedpurposes of this clause 19.8, Information Package means any written information provided by any Obligor or any other Group Member or any of their respective advisors to the Lender in connection with the Transaction Documents or the transactions referred to in them.