Common use of Documents Incorporated by Reference Clause in Contracts

Documents Incorporated by Reference. The Incorporated Documents, at the time they were or hereafter are filed with the Commission, conformed and will conform in all material respects to the requirements of the Act or the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, at the time the Registration Statement and any amendments thereto become effective, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery Period, will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Documents Incorporated by Reference. The Incorporated Documentsdocuments incorporated by reference in the Prospectus, at the time they were or hereafter are filed with the Commission, conformed and complied or will conform comply as to form in all material respects to with the requirements of the Exchange Act or and the Exchange Act, as applicable, rules and regulations thereunder and, when read together and with the other information in the Prospectus, at the time the Registration Statement became, and any amendments thereto become become, effective, as of each Time of Sale did not and each Settlement Date and at all times during the Prospectus Delivery Period, will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were or are made, not misleading.

Documents Incorporated by Reference. The Incorporated Documentsdocuments incorporated by reference in the Registration Statement, at the time Prospectus, and Schedule TO, when they became effective or were or hereafter are filed with the Commission, and as amended and/or restated since the time of their initial filing, as the case may be, conformed and will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, andand the rules and regulations of the Commission thereunder, when read together with the other information in the Prospectus, at the time the Registration Statement and any amendments thereto become effective, as none of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery Period, will not contain such documents contained an untrue statement of a material fact or omit omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleadingmisleading provided, however, that this representation and warranty shall not apply to any statements or omissions made in reliance upon and in conformity with the Solicitation Agent Information.

Documents Incorporated by Reference. The Incorporated Documents, at the time they were or hereafter are filed with the Commission, conformed and will conform in all material respects to the requirements of the Act or the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, at the time the Registration Statement and any amendments thereto become effective, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery Period, will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, however, the Company makes no representation or warranty or agreement with respect to the information set forth in Schedule 2 hereto.

Documents Incorporated by Reference. The Incorporated Documents, at the time they were or hereafter are filed with the Commission, conformed and will conform in all material respects to the requirements of the Act or the Exchange Act, as applicable, and, when read together with the other information in the Registration Statement and the Prospectus, at the time the Registration Statement and any amendments thereto become effective, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery Period, will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Documents Incorporated by Reference. The Incorporated Documentsdocuments incorporated or deemed to be incorporated by reference into the Registration Statement or the Prospectus, at the time they were or hereafter are will be filed with the CommissionCommission or became or will become effective, conformed and as applicable, complied and, as of each Settlement Date, if any, will conform comply, in all material respects to with the requirements of the Exchange Act or the Exchange Act, as applicable, andand will not, when read together with the other information in the Prospectus, at the time the Registration Statement and any amendments thereto become effectivetaken together, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery PeriodDate, 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 the light of the circumstances under which they were made, not misleading.

Documents Incorporated by Reference. The Incorporated Documentsdocuments incorporated or deemed to be incorporated by reference into the Registration Statement, the General Disclosure Package or the Prospectus, at the time they were or hereafter are will be filed with the CommissionCommission or became or will become effective, conformed and as applicable, complied and, as of each Closing Date will conform comply, in all material respects to with the requirements of the Exchange Act or the Exchange Act, as applicable, andand will not, when read together with the other information in the Prospectus, at the time the Registration Statement and any amendments thereto become effectivetaken together, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery PeriodClosing Date, 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 the light of the circumstances under which they were made, not misleading.

Documents Incorporated by Reference. The Incorporated Documents, at the time they were or hereafter are filed with the Commission, conformed and will conform in all material respects to the requirements of the Securities Act or the Exchange Act, as applicable, and, when read together with the other information in the Prospectus, at the time the Registration Statement and any amendments thereto become effective, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery Period, will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Documents Incorporated by Reference. The Incorporated Documentsdocuments incorporated or deemed to be incorporated by reference into the Registration Statement, the General Disclosure Package or the Prospectus, at the time they were or hereafter are will be filed with the CommissionCommission or became or will become effective, conformed and as applicable, complied and, as of the Closing Date will conform comply, in all material respects to with the requirements of the Exchange Act or the Exchange Act, as applicable, andand will not, when read together with the other information in the Prospectus, at the time the Registration Statement and any amendments thereto become effectivetaken together, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery PeriodClosing Date, 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 the light of the circumstances under which they were made, not misleading.

Documents Incorporated by Reference. The Incorporated Documents, at the time they were or hereafter are filed with the Commission, conformed and will conform in all material respects to the requirements of the Act or the Exchange Act, as applicable, and, when read together with the other information in the Registration Statement and the Prospectus, at the time the Registration Statement and any amendments thereto become effective, as of each Time of Sale and each Settlement Date and at all times during the Prospectus Delivery Period, will not contain an untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.