Common use of Pricing Disclosure Package Clause in Contracts

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did 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 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 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 7(b) hereof.

Appears in 7 contracts

Samples: Underwriting Agreement (Candela Medical, Inc.), Underwriting Agreement, Underwriting Agreement (Strategic Hotels & Resorts, Inc)

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Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date 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 and warranty with respect to any statements or omissions made in reliance upon and in conformity with information relating to any the Underwriter furnished to the Company in writing by such 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 7(b9(c) hereof.

Appears in 7 contracts

Samples: Underwriting Agreement (Surgical Care Affiliates, Inc.), Underwriting Agreement (Michaels Companies, Inc.), Underwriting Agreement (Generac Holdings Inc.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date 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 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 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 the Underwriters consists of the information described as such in Section 7(b9(c) hereof.

Appears in 5 contracts

Samples: Underwriting Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Restaurant Brands International Inc.), Underwriting Agreement (Restaurant Brands International Limited Partnership)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date, 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 and 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 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 7(b) hereof.

Appears in 5 contracts

Samples: Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date 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 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 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 7(b9(c) hereof.

Appears in 5 contracts

Samples: Underwriting Agreement (Boot Barn Holdings, Inc.), Underwriting Agreement (Michaels Companies, Inc.), Underwriting Agreement (Michaels Companies, Inc.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did 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 and 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 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 7(b) hereof.

Appears in 5 contracts

Samples: Underwriting Agreement (PROTONIQ Acquisition Corp), Underwriting Agreement (Bombax Healthcare Acquisition Corp), Underwriting Agreement (Addex Therapeutics Ltd.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date 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 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 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 7(b6(b) hereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Kennametal Inc), Underwriting Agreement (Kennametal Inc), Underwriting Agreement (Kennametal Inc)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date, 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 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 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 7(b) hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Newmont Mining Corp /De/), Underwriting Agreement (Cliffs Natural Resources Inc.), Underwriting Agreement (Cliffs Natural Resources Inc.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of any Closing Date, 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 and 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 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 7(b) hereof.

Appears in 3 contracts

Samples: Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date 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 provided, that the Company makes no representation and 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 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 7(b) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Fidelity National Financial, Inc.), Underwriting Agreement (Fidelity National Financial, Inc.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did 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 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 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 7(b9(c) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Nielsen Holdings N.V.), Underwriting Agreement (Nielsen Holdings N.V.)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did 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 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 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 7(b9(c) hereof.

Appears in 2 contracts

Samples: Underwriting Agreement (Burlington Stores, Inc.), Underwriting Agreement (Nielsen Holdings N.V.)

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Pricing Disclosure Package. The Pricing Disclosure Package did not, as of the Applicable Time did not Time, 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 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 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 7(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (WESTMORELAND COAL Co)

Pricing Disclosure Package. The As of the Applicable Time, the Pricing Disclosure Package as of the Applicable Time did not contain any untrue statement of a material fact or omit to state a any 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 and warranty with respect . The preceding sentence does not apply to any statements in or omissions made in reliance from the Pricing Disclosure Package based upon and in conformity with written information relating to any Underwriter furnished to the Company in writing by such any Underwriter through the Representatives expressly specifically for use in such Pricing Disclosure Packagetherein, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 7(b) 7.3 hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Corautus Genetics Inc)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did 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 neither the Company nor Swift makes no any representation and 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 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 7(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (SWIFT TRANSPORTATION Co)

Pricing Disclosure Package. The Pricing Disclosure Package Package, as of the Applicable Time Time, did 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 and the Issuer make no representation 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 and the Issuer in writing by 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 such Underwriter consists of the information described as such in Section 7(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (J C Penney Co Inc)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did 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 and 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 such 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 7(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Bank of the Ozarks Inc)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date 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 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 such 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 7(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Portland General Electric Co /Or/)

Pricing Disclosure Package. The Pricing Disclosure Package as of the Applicable Time did not not, and as of the Closing Date, 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 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 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 7(b) hereof.

Appears in 1 contract

Samples: Underwriting Agreement (Uil Holdings Corp)

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