Common use of Pricing Disclosure Materials Clause in Contracts

Pricing Disclosure Materials. The Pricing Disclosure Materials did not, as of the applicable Point of Sale 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, in light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representation or warranty with respect to any statement contained in the Pricing Disclosure Materials in reliance upon and in conformity with information concerning Xx Xxxxx and furnished in writing by Xx Xxxxx to the Company expressly for use in the Pricing Disclosure Materials.

Appears in 10 contracts

Samples: Sales Agreement (Peregrine Pharmaceuticals Inc), Sales Agreement (Xoma LTD /De/), Magnum Hunter Resources Corp

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Pricing Disclosure Materials. The Pricing Disclosure Materials did not, as of the applicable Point of Sale 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, in light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representation or warranty with respect to any statement contained in the Pricing Disclosure Materials in reliance upon and in conformity with information concerning Xx Xxxxx MLV and furnished in writing by Xx Xxxxx MLV to the Company expressly for use in the Pricing Disclosure Materials.

Appears in 5 contracts

Samples: Shale Hunter, LLC, Sales Agreement (Magnum Hunter Resources Corp), Market Issuance Sales Agreement (Magnum Hunter Resources Corp)

Pricing Disclosure Materials. The Pricing Disclosure Materials did not, as of the applicable Point of Sale Applicable Time 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, in light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representation or warranty with respect to any statement contained in the Pricing Disclosure Materials in reliance upon and in conformity with information concerning Xx Xxxxx MLV and furnished in writing by Xx Xxxxx MLV to the Company expressly for use in the Pricing Disclosure Materials.

Appears in 3 contracts

Samples: Sales Agreement (Magnum Hunter Resources Corp), MLV Atm Sales Agreement (Magnum Hunter Resources Corp), Market Issuance Sales Agreement (Magnum Hunter Resources Corp)

Pricing Disclosure Materials. The Pricing Disclosure Materials did not, as of the applicable Point of Sale 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, in light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representation or warranty with respect to any statement contained in the Pricing Disclosure Materials in reliance upon and in conformity with information concerning Xx Xxxxx MLV and the Alternative Sales Agent and furnished in writing by Xx Xxxxx MLV and the Alternative Sales Agent, respectively, to the Company expressly for use in the Pricing Disclosure Materials.

Appears in 2 contracts

Samples: Sales Agreement (Magnum Hunter Resources Corp), Sales Agreement (Magnum Hunter Resources Corp)

Pricing Disclosure Materials. The Pricing Disclosure Materials did not, as of the applicable Point of Sale 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, in light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representation or warranty with respect to any statement contained in the Pricing Disclosure Materials in reliance upon and in conformity with information concerning Xx Xxxxx Xxxxxxxxxx and the Alternative Sales Agent and furnished in writing by Xx Xxxxx Xxxxxxxxxx and the Alternative Sales Agent, respectively, to the Company expressly for use in the Pricing Disclosure Materials.

Appears in 2 contracts

Samples: Magnum Hunter Resources Corp, Magnum Hunter Resources Corp

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Pricing Disclosure Materials. The Pricing Disclosure Materials did not, as of the applicable Point of Sale Applicable Time 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, in light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representation or warranty with respect to any statement contained in the Pricing Disclosure Materials in reliance upon and in conformity with information concerning Xx Xxxxx MLV and furnished in writing by Xx Xxxxx MLV to the Company expressly for use in the Pricing Disclosure Materials.

Appears in 1 contract

Samples: Novavax Inc

Pricing Disclosure Materials. The Pricing Disclosure Materials did not, as of the applicable Point of Sale 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, in light of the circumstances under which they were made, not misleading; provided, however, that the Company makes no representation or warranty with respect to any statement contained in the Pricing Disclosure Materials in reliance upon and in conformity with information concerning Xx Xxxxx MLV or an Alternative Sales Agent and furnished in writing by Xx Xxxxx MLV or an Alternative Sales Agent to the Company expressly for use in the Pricing Disclosure Materials.

Appears in 1 contract

Samples: Magnum Hunter Resources Corp

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