Common use of Truthfulness Clause in Contracts

Truthfulness. No representation or warranty of any of the Sellers in this Agreement (including the Schedules) by or on behalf of any of the Sellers in connection with the transactions contemplated hereby contains or, at the Closing Date, will contain, any untrue statement of a material fact or omits or will, at the Closing Date, omit, to state a material fact necessary in order to make the statements contained herein or therein not misleading. The Sellers have disclosed to the Purchaser all information concerning USDATA, its Subsidiaries, the Business and the Assets, that USDATA would have been required to disclose in a Form 8-K (other than item 12) under the Exchange Act had it been subject to the requirement to file such Form 8-K until the Closing Date.