Common use of Disclosure Package and Final Offering Memorandum Clause in Contracts

Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Preliminary Offering Memorandum as of the Applicable Time as supplemented by the Pricing Supplement, that has been prepared and delivered by the Company to the Initial Purchasers in connection with their solicitation of offers to purchase Securities, all considered together (collectively, the “Disclosure Package”), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. “Applicable Time” means 5:00 p.m. (New York City time) on April 25, 2006 or such other time as agreed by the Company and Xxxxxxx Xxxxx.

Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Preliminary Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule C (the “Pricing Supplement, that has been prepared ”) and delivered by the Company to the Initial Purchasers in connection with their solicitation of offers to purchase Securitiesas otherwise supplemented or amended at such time, all considered together (collectively, the “Disclosure Package”), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. “Applicable Time” means 5:00 p.m. 7:00 a.m. (New York City Eastern time) on April 25May 18, 2006 2011 or such other time as agreed by the Company and Xxxxxxx Xxxxxthe Representatives.

Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below)Time, neither (x) the Preliminary Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule B (the “Pricing Supplement”), that has been prepared and delivered by the Company to the Initial Purchasers in connection with their solicitation of offers to purchase Securities, all considered together (collectively, the “Disclosure Package”), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. “Applicable Time” means 5:00 p.m. 6:00 am (New York City Eastern time) on April 25September 10, 2006 2008 or such other time as agreed by the Company and Xxxxxxx Xxxxxthe Representatives.

Disclosure Package and Final Offering Memorandum. As of the Applicable Time (as defined below), neither (x) the Preliminary Offering Memorandum as of the Applicable Time as supplemented by the final pricing term sheet, in the form attached hereto as Schedule C (the “Pricing Supplement, that has been prepared ”) and delivered by the Company to the Initial Purchasers in connection with their solicitation of offers to purchase Securitiesas otherwise supplemented or amended at such time, all considered together (collectively, the “Disclosure Package”), nor (y) any individual Supplemental Offering Materials (as defined below), when considered together with the Disclosure Package, included any untrue statement of a material fact or omitted to state any a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. “Applicable Time” means 5:00 p.m. 8:00 a.m. (New York City Eastern time) on April 25June 14, 2006 2007 or such other time as agreed by the Company and Xxxxxxx Xxxxxthe Initial Purchasers.