No Untrue Statements or Omissions. The information provided by the Sub-Adviser to the Adviser in writing shall not, to the knowledge of the Sub-Adviser, contain any untrue statement of a material fact or omit to state a material fact necessary to make the information not misleading.
No Untrue Statements or Omissions. The information provided by the Adviser to the Sub-Adviser in writing, including the Fund’s Registration Statement, any proxy statement and any other communication to current or prospective investors in the Fund, shall not, to the knowledge of the Adviser, contain an untrue statement of a material fact or omit to state a material fact necessary to make the information not misleading.
No Untrue Statements or Omissions. Neither this Agreement, nor any document, certificate, or statement furnished (or to be furnished) to Bank by or on behalf of Borrower pursuant to or in connection with this Agreement contains (or will contain) any untrue statement of a material fact or omits (or will omit) to state a material fact necessary to make the statements contained herein and therein not misleading. There is no fact known to Borrower that materially and adversely affects, or will materially and adversely affect, the assets, business, operations, or condition of Borrower that has not been specifically set forth in this Agreement or otherwise disclosed by Borrower to Bank in writing.
No Untrue Statements or Omissions. Any material information provided by the Sub-Adviser to the Adviser in writing, which the Adviser has reasonably relied upon in preparing the Governing Documents, proxy materials, information statements, regulatory filings, marketing materials, communications with regulatory agencies, or presentations to the Board (or any amendment thereof or supplement thereto) shall not, to the best of the Sub-Adviser’s knowledge, contain any untrue statement of a material fact or omit to state a material fact necessary to make the information not misleading at the time such information is provided by the Sub-Adviser to the Adviser. For the avoidance of doubt, nothing in this paragraph shall in any way modify or affect the Sub-Adviser’s obligations pursuant to Section 9 hereof.
No Untrue Statements or Omissions. To City’s current actual knowledge, no representation or warranty made by City in this Agreement, in any attachments hereto, or in any letter or certificate furnished to Developer pursuant to the terms hereof, contain any untrue statement of material fact necessary to make the statements contained herein or therein not misleading. As used in this Section 301, “current, actual knowledge” means the current actual knowledge of Xxxxx Xxxxx (City’s City Manager), and Xxxx Xxxxx (City’s Community Development Director), as of the Effective Date. Until such time as the Closing occurs, City shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 301 not to be true, promptly give written Notice of such fact or condition to Developer. The foregoing representations and warranties shall survive the Closing for a period of twelve (12) months.
No Untrue Statements or Omissions. The Trust's Agreement and Declaration of Trust, the Trust's By-Laws, and the Registration Statement do not, to the knowledge of the Adviser, contain any untrue statement of a material fact or omit to state a material fact necessary to make the information not misleading in light of the circumstances under which these statements were made.
No Untrue Statements or Omissions. Neither this Agreement nor --------------------------------- the Exhibits attached hereto contains any untrue statement of material fact or, to the best of the Company's knowledge, omits any statement of material fact necessary to make the statements contained herein or therein not misleading.
No Untrue Statements or Omissions. No representation or warranty contained in this Agreement or in any schedule hereto contains, to the knowledge of Company, any untrue statement of a material fact or omits a material fact necessary to make the statements contained herein or therein, in light of the circumstances under which they are made, not misleading.
No Untrue Statements or Omissions. The Registration Statement does not, to the knowledge of the Adviser, contain any untrue statement of a material fact or omit to state a material fact necessary to make the information not misleading in light of the circumstances under which they were made.
No Untrue Statements or Omissions. (i) The Registration Statement and all amendments thereto shall not contain 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; (ii) the Prospectus, and any amendment or supplement thereto, shall not include an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they are made, not misleading; and (iii) the Time of Sale Prospectus, and any amendment or supplement thereto, shall not include an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they are made, not misleading.
