Common use of Disclosure Package Clause in Contracts

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated February 13, as amended or supplemented2020, (Bii) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (eachAct, an “Issuer Free Writing Prospectus”) if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated February 2, as amended or supplemented2011, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated October 28, as amended or supplemented2013, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Base Prospectus, including the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet Sheets (as defined herein), in the form filed pursuant to Rule 433 under the Securities Actset forth in Schedule D-1 and D-2, which also is shall be identified in Schedule C hereto. As of 3:30 p.m. 2:10 pm (New York City Eastern time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives Representative specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated September 13, as amended or supplemented2011, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C D hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C D hereto. As of 3:30 3:50 p.m. (New York City London time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) any preliminary prospectus relating to the Preliminary Prospectus, as amended Securities or supplementedthe offering thereof delivered or made available to the Underwriter by the Operating Partnership or the Company prior to execution of this Agreement, (B) the issuer free writing prospectuses (as defined in Rule 433 under of the Securities 1933 Act Regulations) (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto), (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) including the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified each case included in Schedule C heretoA to this Agreement and (C) any other free writing prospectus that the Operating Partnership, the Company and the Underwriter agree to treat as part of the Disclosure Package. As of 3:30 p.m. (New York City time) 2:55 p.m., Eastern Standard Time, on the date of this Agreement April 25, 2006 (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based made in reliance upon and in conformity with written information furnished to the Operating Partnership and the Company in writing by the Representatives specifically Underwriter expressly for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 3:20 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated May 11, as amended or supplemented2016, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated August 20, as amended or supplemented2015, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives Representative specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representative consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated November 17, as amended or supplemented2011, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 3:50 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C D hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C D hereto. As of 3:30 10:10 p.m. (New York City London time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C D hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C D hereto. As of 3:30 5:21 p.m. (New York City London time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 3:10 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated March 27, as amended or supplemented2023, (Bii) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (eachAct, an “Issuer Free Writing Prospectus”) if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 3:00 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated December 1, as amended or supplemented2010, (Bii) the issuer free writing prospectuses prospectus as defined in Rule 433 under of the Securities Act (each, an the “Issuer Free Writing Prospectus”) ), identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 4:00 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated March 21, as amended or supplemented2012, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company and the Guarantor by the Representatives any Underwriter specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated May 20, as amended or supplemented2009, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated May 30, as amended or supplemented2007, (Bii) the each issuer free writing prospectuses prospectus as defined in Rule 433 under of the Securities Act Act, if any, identified in Annex I hereto (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) Package. At the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain include any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 7 6(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated May 13, as amended or supplemented2014, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated January 7, as amended or supplemented2019, (Bii) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (eachAct, an “Issuer Free Writing Prospectus”) if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated August 21, as amended or supplemented2012, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 3:45 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated September 7, as amended or supplemented2021, (Bii) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (eachAct, an “Issuer Free Writing Prospectus”) if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusBase Prospectus and any preliminary prospectus, as amended or supplemented, (Bii) the Final Term Sheet (as defined herein), (iii) any other issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified ), if any, that the parties hereto shall hereafter expressly agree in Schedule C hereto, writing to treat as part of the Disclosure Package and (Civ) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (7:30 a.m., New York City time) , on the date day after the execution and delivery of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically expressly for use therein, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 3:15 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 4:15 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated July 30, as amended or supplemented2008, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus prospectuses that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated February 27, as amended or supplemented2007, (Bii) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, B hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated February 23, as amended or supplemented2011, (Bii) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, II hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain include any untrue statement of a material fact or omit 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. The immediately preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusBase Prospectus as supplemented by the preliminary prospectus supplement dated July 31, as amended or supplemented2006 relating to the Stock and filed by the Company with the Commission under Rule 424(b) of the Securities Act on such date, together with the public offering price of $33.75 per share of Stock, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (eachAct, an “Issuer Free Writing Prospectus”) if any, identified in Schedule C hereto, B hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 8:00 p.m. (New York City Eastern time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 7 9(c) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet Sheets (as defined herein), in the form filed pursuant to Rule 433 under the Securities Actset forth in Schedule D-1 and D-2, which also is shall be identified in Schedule C hereto. As of 3:30 4:20 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated July 22, as amended or supplemented2015, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated July 21, as amended or supplemented2014, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated June 1, as amended or supplemented2016, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Base Prospectus, including any Preliminary Prospectus, if any, as amended or supplemented, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (Div) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is shall be identified in Schedule C hereto. As of 3:30 4:30 p.m. (New York City Eastern time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company Issuers by any Underwriter through the Representatives Representative specifically for use therein, it being understood and agreed that the only such information furnished by or on behalf of any Underwriter consists of the information described as such in Section 7 8(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C D hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C D hereto. As of 3:30 6:45 p.m. (New York City London time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (Ai) the Preliminary ProspectusProspectus dated June 12, as amended or supplemented2014, (Bii) the issuer free writing prospectuses as defined in Rule 433 under of the Securities Act (each, an “Issuer Free Writing Prospectus”) ), if any, identified in Schedule C hereto, Annex I hereto and (Ciii) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined herein), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C heretoPackage. As of 3:30 p.m. (New York City time) on the date of this Agreement (the “Applicable Initial Sale Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by any Underwriter through the Representatives specifically for use therein, it being understood and agreed that the only such information furnished by any Underwriter through the Representatives consists of the information described as such in Section 7 8 hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 2:55 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.

Disclosure Package. The term “Disclosure Package” shall mean (A) the Preliminary Prospectus, as amended or supplemented, (B) the issuer free writing prospectuses as defined in Rule 433 under the Securities Act (each, an “Issuer Free Writing Prospectus”) identified in Schedule C hereto, (C) any other free writing prospectus that the parties hereto shall hereafter expressly agree in writing to treat as part of the Disclosure Package and (D) the Final Term Sheet (as defined hereinbelow), in the form filed pursuant to Rule 433 under the Securities Act, which also is identified in Schedule C hereto. As of 3:30 3:55 p.m. (New York City time) on the date of this Agreement (the “Applicable Time”), the Disclosure Package did not contain any untrue statement of a material fact or omit 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. The preceding sentence does not apply to statements in or omissions from the Disclosure Package based upon and in conformity with written information furnished to the Company by the Representatives specifically for use therein, it being understood and agreed that the only such information consists of the information described as such in Section 7 7(b) hereof.