Common use of Disclosure Package and Prospectus Clause in Contracts

Disclosure Package and Prospectus. As of the Applicable Time and as of each time prior to the Closing Date that an investor agrees (orally or in writing) to purchase any Securities from the Underwriters, none of (i) the Issuer General Use Free Writing Prospectuses, if any, issued at or prior to the Applicable Time, (ii) the Prospectus and the Preliminary Prospectus Supplement as of the Applicable Time, (iii) the information included on Exhibit D hereto, all considered together (collectively, the “Disclosure Package”), nor (iv) any individual Issuer General Use Free Writing Prospectus, when considered together with the Disclosure Package, included or will include an untrue statement of a material fact or omitted or will 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.