Common use of Class of Securities Not Listed Clause in Contracts

Class of Securities Not Listed. No securities of the same class (within the meaning of Rule 144A(d)(3)) as the Offered Securities are listed on any national securities exchange registered under Section 6 of the Exchange Act or quoted in a U.S. automated inter-dealer quotation system. (dd) No Registration. Assuming the accuracy of the Purchaser's representations in Section 4 hereof, the offer and sale of the Offered Securities in the manner contemplated by this Agreement will be exempt from the registration requirements of the Securities Act by reason of Section 4(2) thereof and Regulation S thereunder; and it is not necessary to qualify an indenture in respect of the Offered Securities under the United States Trust Indenture Act of 1939, as amended (the "Trust Indenture Act").

Class of Securities Not Listed. No securities of the same class (within the meaning of Rule 144A(d)(3)) of the Securities Act) as the Offered Securities are listed on any national securities exchange registered under Section 6 of the Exchange Act or quoted in a U.S. automated inter-dealer quotation system. (ddmm) No Registration. Assuming the accuracy of the Purchaser's representations and warranties in Section 4 hereofof this Agreement are true and correct and the Purchaser complies with the offer and sale procedures set forth in this Agreement, the offer and sale of the Offered Securities in the manner contemplated by this Agreement will be exempt from the registration requirements of the Securities Act by reason of Section 4(24(a)(2) thereof and Regulation S thereunder; and it is not necessary to qualify an indenture in respect of the Offered Securities Indenture under the United States Trust Indenture Act of 1939, as amended (the "Trust Indenture Act").

Class of Securities Not Listed. No securities of the same class (within the meaning of Rule 144A(d)(3)) as the Offered Securities are listed on any national securities exchange registered under Section 6 of the Exchange Act or quoted in a U.S. automated inter-dealer quotation system. (ddhh) No Registration. Assuming the accuracy of the each Purchaser's ’s representations in Section 4 hereof, the offer and sale of the Offered Securities and the Guarantees in the manner contemplated by this Agreement will be exempt from the registration requirements of the Securities Act by reason of Section 4(2) thereof and Regulation S thereunder; and it is not necessary to qualify an indenture in respect of the Offered Securities and the Guarantees under the United States Trust Indenture Act of 1939, as amended (the "Trust Indenture Act").

Class of Securities Not Listed. No securities of the same class (within the meaning of Rule 144A(d)(3)) of the Securities Act) as the Offered Securities are listed on any national securities exchange registered under Section 6 of the Exchange Act or quoted in a U.S. automated inter-dealer quotation system. (ddmm) No Registration. Assuming the accuracy of the Purchaser's representations and warranties in Section 4 hereof3 of this Agreement are true and correct and the Purchasers comply with the offer and sale procedures set forth in this Agreement, the offer and sale of the Offered Securities in the manner contemplated by this Agreement will be exempt from the registration requirements of the Securities Act by reason of Section 4(24(a)(2) thereof and Regulation S thereunder; and it is not necessary to qualify an indenture in respect of the Offered Securities Indenture under the United States Trust Indenture Act of 1939, as amended (the "Trust Indenture Act").