Common use of Compliance with Xxxxxxxx-Xxxxx Clause in Contracts

Compliance with Xxxxxxxx-Xxxxx. There is not and, since the end of the period covered by the annual financial statements incorporated by reference in the Time of Sale Prospectus and the Prospectus, there has not been any failure on the part of the Company and its Subsidiaries and their respective officers and directors to comply with the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”, which term, as used herein, includes the rules and regulations of the Commission promulgated thereunder).

Compliance with Xxxxxxxx-Xxxxx. There is not and, since the end of the period covered by the annual financial statements incorporated by reference in the Time of Sale Prospectus and the Prospectus, there has not been any failure on the part of the Company and its Subsidiaries subsidiaries and their respective officers and directors to comply with the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”, which term, as used herein, includes the rules and regulations of the Commission promulgated thereunder).