Preparation and distribution. The Company and Acquiror will prepare an information statement, (the "Information Statement") in connection with the Merger in accordance with Regulation D promulgated under the Exchange Act and Delaware Law, and the Company shall provide the Information Statement to its stockholders and holders of Warrants as soon as practicable after the date of this Agreement in accordance with Section 2.6(c). The Company and Acquiror will furnish all information concerning the Company and Acquiror, respectively, as may be reasonably necessary or requested in connection with the foregoing. None of the information supplied or to be supplied by the Company or Acquiror for inclusion or incorporation by reference in the Information Statement will, at the time the Information Statement is first published, sent or given to holders of Company Common Shares, and at any time it is amended or supplemented, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading. If any of the Parties becomes aware prior to the Effective Time of any information furnished by it that would cause any of the statements in the Information Statement to be false or misleading with respect to any material fact, or to omit to state any material fact necessary to make the statements therein not false or misleading, it will promptly inform the other Parties thereof and to take the necessary steps to correct the Information Statement.
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Sources: Merger Agreement (Rayovac Corp)
Preparation and distribution. The Company and Acquiror will prepare an information statement, (the "βInformation Statement"β) in connection with the Merger in accordance with Regulation D promulgated under the Exchange Act and Delaware Law, and the Company shall provide the Information Statement to its stockholders and holders of Warrants as soon as practicable after the date of this Agreement in accordance with Section 2.6(c). The Company and Acquiror will furnish all information concerning the Company and Acquiror, respectively, as may be reasonably necessary or requested in connection with the foregoing. None of the information supplied or to be supplied by the Company or Acquiror for inclusion or incorporation by reference in the Information Statement will, at the time the Information Statement is first published, sent or given to holders of Company Common Shares, and at any time it is amended or supplemented, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading. If any of the Parties becomes aware prior to the Effective Time of any information furnished by it that would cause any of the statements in the Information Statement to be false or misleading with respect to any material fact, or to omit to state any material fact necessary to make the statements therein not false or misleading, it will promptly inform the other Parties thereof and to take the necessary steps to correct the Information Statement.
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