Common use of Permit Application; Information Statement Clause in Contracts

Permit Application; Information Statement. The information ----------------------------------------- supplied by Digital for inclusion in the application for issuance of a permit (the "Permit Application") pursuant to Section 25121 of the California Securities Act and information statement to be sent to the holders of Digital Shares to consider the Merger (such information statement as amended or supplemented is referred to herein as the "Information Statement"), will not, on the date the fairness hearing is held pursuant to Section 25142 of the California Securities Act (the "Fairness Hearing"), on the date the Information Statement is first mailed to the Shareholders, or at the Effective Time, contain any statement which, at such time and in light of the circumstances under which it shall be made, is false or misleading with respect to any material fact, or shall omit to state any material fact necessary in order to make the statements made therein not false or misleading, or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Permit Application or the consent solicitation which has become false or misleading. Notwithstanding the foregoing, Digital makes no representation or warranty with respect to any information supplied by Agile or Merger Sub which is contained in any of the foregoing documents.

Permit Application; Information Statement. The information ----------------------------------------- supplied by Digital Company for inclusion in the application (the "Permit Application") for issuance of a permit (the "Permit ApplicationPermit") pursuant to Section 25121 of the California Securities Act and information statement to be sent to the holders of Digital Shares Company Capital Stock to consider the Merger (such information statement as amended or supplemented is referred to herein as the "Information Statement"), will not, on the date the fairness hearing is held pursuant to Section 25142 of the California Securities Act (the "Fairness Hearing"), on the date the Information Statement is first mailed to the Shareholders, or at the Effective Time, contain any statement which, which at such time and in light of the circumstances under which it shall be made, is false or misleading with respect to any material fact, or shall omit to state any material fact necessary in order to make the statements made therein not false or misleading, or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Permit Application or the consent solicitation which has become false or misleading. If at any time prior to the Effective Time any event relating to Company or any of its respective affiliates, officers or directors should be discovered by Company which should be set forth in an amendment or a supplement to the Permit Application or the Information Statement, Company shall promptly inform Buyer and Merger Sub. Notwithstanding the foregoing, Digital Company makes no representation or warranty with respect to any information supplied by Agile Buyer or Merger Sub which is contained in any of the foregoing documents.

Permit Application; Information Statement. The information ----------------------------------------- supplied by Digital Acquiror for inclusion in the application for issuance of a permit (the "Permit Application") pursuant to Section 25121 of the California Securities Act and information statement to be sent to the holders of Digital Shares to consider the Merger (such information statement as amended or supplemented is referred to herein as the "Information Statement"), will Application shall not, on at the date time the fairness hearing is held pursuant to Section 25142 of California Law and the time the qualification of such securities is effective under Section 25122 of California Securities Act (Law, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the "Fairness Hearing")statements therein, in light of the circumstances under which they were made, not misleading. The information supplied by Acquiror for inclusion in the Information Statement shall not, on the date the Information Statement is first mailed to Target's shareholders, at the Shareholders, or time of the Written Consent and at the Effective Time, contain any statement which, at such time and in light of the circumstances under which it shall be madetime, is false or misleading with respect to any material fact, or shall omit to state any material fact necessary in order to make the statements made therein therein, in light of the circumstances under which it is made, not false or misleading, ; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Permit Application or solicitation of the consent solicitation Written Consent which has become false or misleading. Notwithstanding the foregoing, Digital Acquiror makes no representation representation, warranty or warranty covenant with respect to any information supplied by Agile or Merger Sub Target which is contained in any of the foregoing documents.

Permit Application; Information Statement. The information ----------------------------------------- supplied by Digital Parent and Merger Sub for inclusion in the application for issuance of a permit (the "Permit Application") pursuant to Section 25121 of the California Securities Act and information statement to be sent to the holders of Digital Shares to consider the Merger (such information statement as amended or supplemented is referred to herein as the "Information Statement"), will Application shall not, on at the date time the fairness hearing is held pursuant to Section 25142 of the California Securities Act (Code and the "Fairness Hearing")time the qualification of such securities is effective under Section 25122 of the California Code, contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The information supplied by Parent for inclusion in the Information Statement shall not, on the date the Information Statement is first mailed to the ShareholdersCompany's shareholders, or at the time of the Parent Shareholders Meeting and at the Effective Time, contain any statement which, at such time and in light of the circumstances under which it shall be madetime, is false or misleading with respect to any material fact, or shall omit to state any material fact necessary in order to make the statements made therein therein, in light of the circumstances under which it is made, not false or misleading, ; or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Permit Application or solicitation of proxies for the consent solicitation Company Shareholders Meeting which has become false or misleading. Notwithstanding the foregoing, Digital makes Parent and Merger Sub make no representation representation, warranty or warranty covenant with respect to any information supplied by Agile or Merger Sub the Company which is contained in any of the foregoing documents.

Permit Application; Information Statement. The information supplied ----------------------------------------- supplied by Digital Company for inclusion in the application for issuance of a permit (the "Permit Application") pursuant to Section 25121 of the California Securities Act and information statement to be sent to the holders of Digital Shares Company Capital Stock to consider the Merger (such information statement as amended or supplemented is referred to herein as the "Information Statement"), will not, on the date the fairness hearing is held pursuant to Section 25142 of the California Securities Act (the "Fairness Hearing"), on the date the Information Statement is first mailed to the ShareholdersStockholders, or at the Effective Time, contain any statement which, which at such time and in light of the circumstances under which it shall be made, is false or misleading with respect to any material fact, or shall omit to state any material fact necessary in order to make the statements made therein not false or misleading, or omit to state any material fact necessary to correct any statement in any earlier communication with respect to the Permit Application or the consent solicitation which has become false or misleading. If at any time prior to the Effective Time any event relating to Company or any of its respective affiliates, officers or directors should be discovered by Company which should be set forth in an amendment or a supplement to the Permit Application or the Information Statement, Company shall promptly inform Parent and Sub. Notwithstanding the foregoing, Digital Company makes no representation or warranty with respect to any information supplied by Agile Parent or Merger Sub which is contained in any of the foregoing documents.