True Statements. Neither this Agreement nor any of the "Disclosure Documents", as hereinafter defined, contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements contained herein or therein not misleading in the light of the circumstances under which such statements are made. There exists no fact or circumstances which, to the knowledge of the Company, materially and adversely affects the business, properties or assets, or conditions, financial or otherwise, of the Company, which has not been set forth in this Subscription Agreement or disclosed in such documents.
True Statements. Neither this Agreement, any other Loan --------------- Document nor any other document delivered to Lender in connection with the Loan (including without limitation all Requests for Disbursements) contains, or will contain when made, any untrue statement of a material fact and by this reference all representations and warranties made in any of the Loan Documents are hereby made a part of this Agreement to the same extent as if fully set forth herein.
True Statements. The representations and warranties of the Seller contained in this Agreement or in any exhibit or other document delivered by the Seller pursuant hereto, do not contain any untrue statement of a material fact or omit any statement of a material fact necessary to make the statements contained therein or herein not misleading.
True Statements. No information, certificate of an officer of Servicer, statement furnished in writing, or report required hereunder delivered to the Lender or FMC will, to the knowledge of Servicer, contain any untrue statement of a material fact or omit a material fact necessary to make the information, certificate, statement or report not misleading.
True Statements. The Agreement and the Subscription Agreement with FM that each FM Shareholder completed prior to its investment in FM Common Stock contain no untrue statements of material facts or omit any material facts concerning such FM Shareholder, including qualification for such investment, either at the time of execution or as of the Closing Date. Each FM Shareholder understands and acknowledges that YCNG is relying upon the representations of qualification contained in therein with regard to his/her/its investment in the Exchange Shares.
True Statements. Neither this Agreement nor any of the SEC Reports contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements contained herein or therein not misleading in light of the circumstances under which such statements are made. There exists no fact or circumstances which, to the knowledge of the Company, materially and adversely affects the business, properties, assets, or conditions, financial or otherwise, of the Company, which has not been set forth in this Agreement or disclosed in such documents.
True Statements. 27 ARTICLE 4CONDUCT OF BUSINESS PENDING THE MERGER..................................................................28 4.1 Conduct of Business by the Company Pending the Merger.................................28 4.2 Funding for the Tonkin Springs Project................................................31
True Statements. The statements contained in this --------------- Agreement, in the Company Disclosure Letter hereto and in any other written documents executed and delivered by or on behalf of the Company or any of the Company Subsidiaries pursuant to the terms of this Agreement are true and correct in all material respects. The statements contained in the Company Disclosure Letter and such other documents will be deemed to constitute representations and warranties of Company under this Agreement to the same extent as if set forth herein. None of the foregoing representations and warranties contains any untrue statement of a material fact or omits to state any material fact required to be stated in order to make such representation true and correct in all material respects.
True Statements. The statements contained in this --------------- Agreement, in the Parent Disclosure Letter and in any other written documents executed and delivered by or on behalf of Parent or Merger Sub pursuant to the terms of this Agreement are true and correct in all material respects. The statements contained in the Parent Disclosure Letter and such other documents will be deemed to constitute representations and warranties of Parent and Merger Sub under this Agreement to the same extent as if set forth herein. None of the foregoing representations and warranties contains any untrue statement of a material fact or omits to state any material fact required to be stated in order to make such representation true and correct in all material respects.
True Statements. Neither this Agreement nor any documents, certificate, or statement furnished by the Company or Sellers to Buyer contains any untrue statement of a material fact or omits to state a material fact necessary to make such statements of facts not misleading.
