Common use of Disclosure Conformity Clause in Contracts

Disclosure Conformity. On the Effective Date, the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus will, conform in all material respects with the applicable requirements of Applicable Canadian Securities Law; the Registration Statement, as of the Effective Date and at the Initial Sale Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Prospectus and the U.S. Supplemental Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law; the Registration Statement, as of the Effective Date and at the Initial Sale Execution Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Basic Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Execution Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, on the date it was first filed, each Preliminary Prospectus Supplement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the applicable requirements of the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus and each Preliminary Prospectus Supplement did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Basic Prospectus and the Canadian Final Prospectus will, conform in all material respects with the applicable requirements of Applicable Canadian Securities LawLaws and the rules and regulations of the Canadian Qualifying Authorities under Canadian Securities Laws; the Registration Statement, as of the Effective Date and at the Initial Sale Time, Applicable Time did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus , and the prospectus included in the Registration Statement at the time it was declared effective, each U.S. Basic Prospectus as of its filing date date, and at the Initial Sale Applicable Time, did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing respective dates and as of the Closing Date, contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, on the date it was first filed, each Preliminary Prospectus Supplement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the applicable requirements of the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus will, conform in all material respects with the applicable requirements of Applicable Canadian Securities Law; the Registration Statement, as of the Effective Date and at the Initial Sale Applicable Time did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, any Issuer Free Writing Prospectus, when taken together with the Disclosure Package, as of the Applicable Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus , and the prospectus included in the Registration Statement at the time it was declared effective, each Basic Prospectus as of its filing date date, and at the Initial Sale Applicable Time, did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates its date and as of the Closing Date, contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus Statement or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law; the Registration Statement, as of the Effective Date Date, and the Basic Prospectus as of its filing date, and in each case at the Initial Sale Execution Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with to the requirements of the Act and the Trust Indenture Act and the rules Rules and regulations of the Commission Regulations under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Securities Lawthe Rules and Regulations of the Commission; the Registration Statement, as of the Effective Date Date, and at the Initial Sale Execution Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus , and the prospectus included in the Registration Statement at the time it was declared effective, each Preliminary Prospectus as of its filing date and at the Initial Sale Timedate, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates its date and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter is that described in Section 7(b) hereof;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law; the Registration Statement, as of the Effective Date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Basic Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law and the rules and regulations of the Reviewing Authority under Alberta Securities Law; the Registration Statement, as of the Effective Date Date, and the Basic Prospectus as of its filing date, and in each case at the Initial Sale Execution Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Prospectus Final Prospectus, will not, not as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; providedPROVIDED, howeverHOWEVER, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives Representative specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, on the date it was first filed, each Preliminary Prospectus Supplement did, and on the date it was first filed and on the Closing Date and on any date on which Option Securities are purchased, if such date is not the Closing Date (a “Settlement Date”), the U.S. Final Prospectus did and will conform in all material respects with the applicable requirements of the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus will, conform in all material respects with the applicable requirements of Applicable Canadian Securities Law; the Registration Statement, as of the Effective Date and at the Initial Sale Applicable Time did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, any Issuer Free Writing Prospectus, when taken together with the Disclosure Package, as of the Applicable Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus , and the prospectus included in the Registration Statement at the time it was declared effective, each Basic Prospectus as of its filing date date, and at the Initial Sale Applicable Time, did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates its date and as of the Closing Date and any Settlement Date, contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus Statement or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, on the date it was first filed, each Preliminary Prospectus Supplement did, and on the date it was is first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the Act and applicable requirements of the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus and each Preliminary Prospectus Supplement did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Basic Prospectus and the Canadian Final Prospectus will, conform in all material respects with the applicable requirements of Applicable Canadian Securities LawLaws and the rules and regulations of the Canadian Qualifying Authorities under Canadian Securities Laws; the Registration Statement, as of the Effective Date and at the Initial Sale Time, Applicable Time did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus , and the prospectus included in the Registration Statement at the time it was declared effective, each U.S. Basic Prospectus as of its filing date date, and at the Initial Sale Applicable Time, did not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; the Canadian Final Prospectus will, as of its date and as of the Closing Date, constitute full, true and plain disclosure of all material facts relating to the Company and the Securities; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing respective dates and as of the Closing Date, contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or Prospectus, the U.S. Final ProspectusProspectus or any Preliminary Prospectus Supplement, or to the Form T-1;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law, as modified by the terms of the Exemptive Relief; the Registration Statement, as of the Effective Date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Basic Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with to the requirements of the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Securities Lawthe rules and regulations of the Commission; the Registration Statement, as of the Effective Date Date, and at the Initial Sale Execution Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus , and the prospectus included in the Registration Statement at the time it was declared effective, each Basic Prospectus as of its filing date date, and at the Initial Sale Execution Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates its date and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter is that described in Section 7(b) hereof;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law and the rules and regulations of the Reviewing Authority under Alberta Securities Law; the Registration Statement, as of the Effective Date Date, and the Basic Prospectus as of its filing date, and in each case at the Initial Sale Execution Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives Representative specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, did and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the applicable requirements of the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Basic Prospectus and the Canadian Final Prospectus will, conform in all material respects with the applicable requirements of Applicable Canadian Securities LawLaws and the rules and regulations of the Canadian Qualifying Authorities under Canadian Securities Laws; the Registration Statement, as of the Effective Date and at the Initial Sale Time, Applicable Time did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus , and the prospectus included in the Registration Statement at the time it was declared effective, each U.S. Basic Prospectus as of its filing date date, and at the Initial Sale Applicable Time, did not and will not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing respective dates and as of the Closing Date, contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Securities Law; the Registration Statement, as of the Effective Date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Basic Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus;

Disclosure Conformity. On the Effective Date, the Registration Statement did, on the date it was first filed, the U.S. Preliminary Prospectus Supplement did, and on the date it was is first filed and on the Closing Date, the U.S. Final Prospectus did and will will, conform in all material respects with the Act and applicable requirements of the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Prospectus did and the Canadian Preliminary Prospectus Supplement did, and on the date it is first filed and on the Closing Date, the Canadian Final Prospectus will, and on the Closing Date the Canadian Base Prospectus and the Canadian Final Prospectus will, conform in all material respects with the applicable requirements of Applicable Canadian Securities LawLaws and the rules and regulations of the Canadian Qualifying Authorities under Canadian Securities Laws; the Registration Statement, as of the Effective Date and at the Initial Sale Applicable Time did not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading and the Issuer Free Writing Prospectus, when taken together with the Disclosure Package, as of the Applicable Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus will, as of its date and as of the Closing Date, constitute full, true and plain disclosure of all material facts relating to the Company and the Securities; and the Canadian Final Prospectus and the prospectus included in the Registration Statement at the time it was declared effectiveU.S. Final Prospectus will not, each as of its filing date their respective dates and at as of the Initial Sale TimeClosing Date, did not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Prospectus and the U.S. Supplemental Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian U.S. Final Prospectus or the U.S. Canadian Final Prospectus;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law, as modified by the terms of the Order; the Registration Statement, as of the Effective Date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Basic Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter Manager through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law and the rules and regulations of the Reviewing Authority under Alberta Securities Law; the Registration Statement, as of the Effective Date Date, and the Basic Prospectus as of its filing date, and in each case at the Initial Sale Execution Time, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; providedPROVIDED, howeverHOWEVER, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives Representative specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law, as modified by the terms of the Order; the Registration Statement, as of the Effective Date and at the Initial Sale Execution Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Basic Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Execution Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;

Disclosure Conformity. On the Effective Date, Date the Registration Statement did, and on the date it was first filed and on the Closing Date, the U.S. Basic Prospectus and the U.S. Final Prospectus did and will conform in all material respects with the Act and the Trust Indenture Act and the rules and regulations of the Commission under both the Act and the Trust Indenture Act; on the date each was first filed, the Canadian Final Base PREP Basic Prospectus did and the Canadian Final Prospectus will, and on the Closing Date the Canadian Final Prospectus each will, conform in all material respects with the applicable requirements of Applicable Canadian Alberta Securities Law, as modified by the terms of the Order; the Registration Statement, as of the Effective Date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading; the Canadian Final Base PREP Basic Prospectus and the prospectus included in the Registration Statement at the time it was declared effective, each as of its filing date and at the Initial Sale Time, did not and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and the Canadian Supplemental PREP Final Prospectus and the U.S. Supplemental Final Prospectus will not, as of their filing dates and as of the Closing Date, contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with information furnished in writing to the Trust or the Company by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement, the Canadian Final Prospectus or the U.S. Final Prospectus, or to the Form T-1 of the Trustee;