Common use of Pricing Disclosure Package Clause in Contracts

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) the Selling Shareholders expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders consists of the Selling Shareholders Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any the Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any the Underwriter consists of the information described as such in Section 9(c) hereof hereof; provided, further that the Company makes no representation and warranty with respect to any statements or (ii) omissions made in reliance upon and in conformity with information relating to any Selling Stockholder furnished to the Company in writing by such Selling Shareholders Stockholder expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the any Selling Shareholders Stockholder consists of the Selling Shareholders Informationinformation described as such in Section 9(b) hereof.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) the Selling Shareholders Stockholder expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders Stockholder consists of the Selling Shareholders Stockholder Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter or the Selling Shareholder furnished to the Company in writing by (i) any such Underwriter or the Selling Shareholder, as the case may be, through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) the Selling Shareholders expressly for use in the Pricing Disclosure Packagehereof, and it being further understood and agreed that the only such information furnished by the Selling Shareholders Shareholder consists of the Selling Shareholders InformationShareholder Information (as defined in Section 4(e) hereof).

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any the Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any the Underwriter consists of the information described as such in Section 9(c) hereof hereof; provided, further, that the Company makes no representation or (ii) warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished by the Selling Shareholders Stockholder in writing expressly for use in the such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders Stockholder consists of the Selling Shareholders Stockholder Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of Package, at the Applicable Time did not, and as of at the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that such Selling Stockholder makes representations and warranties solely with respect to, and this Section 4(e) shall apply only to, statements or omissions made in reliance upon and in conformity with information provided in writing by such Selling Stockholder regarding such Selling Stockholder and/or its affiliates expressly for use in the Company Pricing Disclosure Package, provided, further, that such Selling Stockholder makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) the Selling Shareholders expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders consists of the Selling Shareholders Informationhereof.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, not contain any 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 were made, not misleading; provided that the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with (i) information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) information relating to any Selling Stockholder furnished to the Company in writing by and on behalf of such Selling Shareholders Stockholder expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the any Selling Shareholders Stockholders consists of the Selling Shareholders InformationStockholder Information (as such term is defined in Section 4(e) hereof).

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to (i) any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) any Selling Stockholder furnished to the Company in writing by such Selling Shareholders Stockholder expressly for use in the such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the such Selling Shareholders Stockholder consists of the Selling Shareholders Stockholder’s Selling Stockholder Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of Package, at the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company such Selling Stockholder makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof hereof; provided further, that the representations and warranties set forth in this Section 4(e) are limited in all respects to statements or (ii) omissions made in reliance upon and in conformity with information relating to the Selling Shareholders Stockholder provided by the Selling Stockholder in writing to the Company expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders consists of the Selling Shareholders Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of Package, at the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company such Selling Shareholder makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof hereof; and provided further that such representations and warranties by such Selling Shareholder set forth in this subsection (e) apply only to statements or (ii) omissions made in reliance upon and in conformity with the information furnished in writing by such Selling Shareholders Shareholder expressly for use in therein (the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the “Selling Shareholders consists of the Selling Shareholders Shareholder Information”).

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that (i) the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c9(d) hereof or hereof, and (ii) the Selling Shareholders expressly for use Company makes no representation and warranty with respect to any statements or omissions made in the Pricing Disclosure Package, it being understood reliance upon and agreed that the only such information furnished by in conformity with the Selling Shareholders consists of the Selling Shareholders Shareholder Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, not contain any 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 were made, not misleading; provided that the Company makes no representation or this representation, warranty with respect and agreement shall not apply to any statements in or omissions made in reliance upon and in conformity with (i) information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) information relating to the Selling Shareholders Shareholder furnished to the Company in writing by and on behalf of the Selling Shareholder expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders Shareholder consists of the Selling Shareholders InformationShareholder Information (as such term is defined in Section 4(f) hereof).

Pricing Disclosure Package. The Pricing Disclosure Package as of Package, at the Applicable Time did not, and as of at the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company such Selling Stockholder makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to the Underwriter furnished to the Company in writing by (i) any the Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any the Underwriter consists of the information described as such in Section 9(c) hereof hereof; provided, however, that such Selling Stockholder’s representation under this Section 4(e) shall only apply to any untrue statement of a material fact or (ii) omission to state a material fact made in reliance upon and in conformity with any information relating to such Selling Stockholder furnished to the Company in writing by such Selling Shareholders Stockholder expressly for use in the Pricing Disclosure Package, it being understood and agreed Package (including any Pricing Disclosure Package that the only such information furnished by the Selling Shareholders consists of the Selling Shareholders Informationhas been subsequently amended).

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, not contain any 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 were made, not misleading; provided that the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with (i) information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof or (ii) information relating to any Selling Stockholder furnished to the Company in writing by and on behalf of such Selling Shareholders Stockholder expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the any Selling Shareholders Stockholder consists of the Selling Shareholders InformationStockholder Information (as such term is defined in Section 4(f) hereof).

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof hereof; provided, further that the Company makes no representation and warranty with respect to any statements or (ii) omissions made in reliance upon and in conformity with information relating to any Selling Stockholder furnished to the Company in writing by such Selling Shareholders Stockholder expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders consists of the Selling Shareholders Informationany Preliminary Prospectus.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any the Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any the Underwriter consists of the information described as such in Section 9(c) hereof or (ii) the Selling Shareholders expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders consists of the Selling Shareholders Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any the Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any the Underwriter consists of the information described as such in Section 9(c) hereof or (ii) the Selling Shareholders expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders consists of the Selling Shareholders Information.

Pricing Disclosure Package. The Pricing Disclosure Package Package, as of the Applicable Time Time, did not, and as of at the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to (i) any Selling Stockholder furnished to the Company in writing by (i) any Underwriter through the Representatives such Selling Stockholder expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter Selling Stockholder consists of the information described as such in Section 9(c9(b) hereof or (ii) the Selling Shareholders Underwriter furnished to the Company in writing by the Underwriter expressly for use in the such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders Underwriter consists of the Selling Shareholders Informationinformation described as such in Section 9(c) hereof.

Pricing Disclosure Package. The Pricing Disclosure Package as of Package, at the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company such Selling Shareholder makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof hereof; and provided further that such representations and warranties by such Selling Shareholder set forth in this subsection (e) apply only to statements or (ii) omissions made in reliance upon and in conformity with the information furnished in writing in preparation of the answers to Item 7 of Form S-3 by such Selling Shareholders Shareholder expressly for use in therein (the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the “Selling Shareholders consists of the Selling Shareholders Shareholder Information”).

Pricing Disclosure Package. The Pricing Disclosure Package as of Package, at the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company such Selling Shareholder makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any Underwriter furnished to the Company in writing by (i) any such Underwriter through the Representatives Representative expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 9(c) hereof hereof; and provided further that such representations and warranties by such Selling Shareholder set forth in this subsection (e) apply only to statements or (ii) omissions made in reliance upon and in conformity with the information furnished in writing in preparation of the answers to Item 7 of Form S-1 by such Selling Shareholders Shareholder expressly for use in therein (the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the “Selling Shareholders consists of the Selling Shareholders Shareholder Information”).

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or and warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any the Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any the Underwriter consists of the information described as such in Section 9(c) hereof or (ii) the Selling Shareholders Stockholders expressly for use in the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the Selling Shareholders Stockholders consists of the Selling Shareholders Stockholder Information.

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not, and as of the Closing Date and as of the Additional Closing Date, as the case may be, will not, contain any 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 were made, not misleading; provided that the Company makes no representation or warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished to the Company in writing by (i) any the Underwriter through the Representatives expressly for use in such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any the Underwriter consists of the information described as such in Section 9(c) hereof hereof; provided, further, that the Company makes no representation or (ii) warranty with respect to any statements or omissions made in reliance upon and in conformity with information furnished by the Selling Shareholders Stockholders in writing expressly for use in the such Pricing Disclosure Package, it being understood and agreed that the only such information furnished by the such Selling Shareholders Stockholder consists of the Selling Shareholders Stockholder Information.