Misleading Statements. Terex and the Sellers have, to their knowledge, disclosed to Buyer all facts material to the business, operations, assets or financial condition or future prospects of CMHC, the Companies and the Subsidiaries, taken as a whole. No representation or warranty by Terex, any Seller or any Company contained in this Agreement, and no statement contained in any Schedule (including any supplement or amendment thereto) and the documents to be delivered at the Closing by or on behalf of Terex, any Seller, any Company or any of their representatives in connection with the transactions contemplated hereby contains or will contain any untrue statement of a material fact, or omits or will omit to state any material fact necessary, in light of the circumstances under which it was or will be made, in order to make the statements herein or therein not misleading.
Appears in 2 contracts
Sources: Stock and Asset Purchase Agreement (Terex Corp), Stock and Asset Purchase and Sale Agreement (Clark Material Handling Co)