Common use of Agreements of the Underwriters Clause in Contracts

Agreements of the Underwriters. Each Underwriter, severally and not jointly, represents and agrees with the Company that, unless it has obtained or will obtain, as the case may be, the prior written consent of the Company, it has not made and will not make any offer relating to the Notes that would constitute a “free writing prospectus” (as defined in Rule 405) required to be filed by the Company with the Commission or retained by the Company under Rule 433, other than the information listed in Schedule II hereto.

Agreements of the Underwriters. (i) Each Underwriter, severally and not jointly, Underwriter represents and agrees with the Company that, unless it has obtained or will obtain, as the case may be, the prior written consent of the Company, it has not made and will not make any offer relating to the Notes Offered Securities that would constitute an Issuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus” (”, as defined in Rule 405) 405 under the Securities Act, required to be filed by the Company with the Commission or retained by the Company under Rule 433, other than the information listed in Schedule II heretoCommission.

Agreements of the Underwriters. (a) Each Underwriter, severally and not jointly, Underwriter represents and agrees with the Company that, unless it has obtained or will obtain, as the case may be, the prior written consent of the Company, it has not made and will not make any offer relating to the Notes Offered Securities that would constitute an Issuer Free Writing Prospectus, or that would otherwise constitute a “free writing prospectus” (”, as defined in Rule 405) 405 under the Securities Act, required to be filed by the Company with the Commission or retained by the Company under Rule 433, other than the information listed in Schedule II heretoCommission.

Agreements of the Underwriters. Each Underwriter, Underwriter severally and not jointly, represents and agrees covenants with the Company thatnot to take any action, unless it has obtained or will obtain, as the case may be, without the prior written consent of the Company, it has not made and will not make any offer relating to the Notes that would constitute result in the Company being required to file with the Commission under Rule 433(d) of the Securities Act a “free writing prospectus” (as defined in Rule 405) Free Writing Prospectus prepared by or on behalf of such Underwriter that otherwise would not be required to be filed by the Company with thereunder, but for the Commission or retained by action of the Company under Rule 433, other than the information listed in Schedule II heretoUnderwriter.