Common use of Untrue or Misleading Statements Clause in Contracts

Untrue or Misleading Statements. Neither this Agreement nor any other ------------------------------- Transaction Document or other agreement, certificate, instrument or written statement furnished by or on behalf of the Company to the Purchaser in connection with the transactions contemplated by this Agreement, (including the SEC Documents but excluding any financial forecasts or projections furnished to or reviewed by the Purchaser), when taken together, contains any untrue statement of a material fact or omits a material fact necessary to make the statements contained therein not misleading in light of the circumstances in which such statement were made. With respect to financial forecasts, estimates, budgets and projections the Company has furnished to the Purchaser, such materials have been reasonably prepared on a basis reflecting the best currently available estimates and judgments of the management of the Company as to the future performance of the Company and its Subsidiaries.

Untrue or Misleading Statements. Neither this Agreement nor any other ------------------------------- Transaction Document or other agreement, certificate, instrument or written statement furnished by or on behalf of the Company to the Purchaser Purchasers in connection with the transactions contemplated by this Agreement, (including the Current SEC Documents but excluding any financial forecasts or projections furnished to or reviewed by the Purchaser), when taken together, contains any untrue statement of a material fact or omits a material fact necessary to make the statements contained therein not misleading in light of the circumstances in which such statement were made. With respect to financial forecasts, estimates, budgets and projections the Company has furnished to the PurchaserPurchasers, such materials have been reasonably prepared on a basis reflecting the best currently available reasonable estimates and judgments of the management of the Company as to the future performance of the Company and its the Subsidiaries.