Common use of Statements and Other Documents Not Misleading Clause in Contracts

Statements and Other Documents Not Misleading. Neither this Agreement, including all exhibits and schedules and other closing documents, nor any other financial statement, document or other instrument heretofore or hereafter furnished by MailKey to Acquiror or Sub in connection with the Merger or the other transactions contemplated hereby, contains or will contain any untrue statement of any material fact or omit or will omit to state any material fact required to be stated in order to make such statement, information, document or other instruments, in light of the circumstances in which they are made, not misleading. There is no fact known to MailKey which may have a Material Adverse Effect on the business, prospects, financial condition or results of operations of MailKey or of any of its properties or assets which has not been set forth in this Agreement as an exhibit or schedule hereto or disclosed by MailKey to the Acquiror prior to the execution of this Agreement.