Fair Summaries. The statements set forth in the Disclosure Package and the U.S. Prospectus under the caption “Description of Limited Partnership Units”, insofar as they purport to constitute a summary of the terms of the Units and under the caption “Certain Material U.S. Federal Income Tax Considerations”, and under the caption “Underwriting”, insofar as they purport to describe the provisions of the laws and documents referred to therein, are accurate, complete and fair.
Fair Summaries. The statements set forth in the Disclosure Package and the U.S. Prospectus under the caption “Description of Partnership Capital”, insofar as they purport to constitute a summary of the terms of the Units, are accurate, complete and fair.
Fair Summaries. The statements set forth in the Disclosure Package and the Prospectus under the caption “Description of Debt Securities and Guarantees” in the Base Prospectus and “Description of the Notes” in the Prospectus Supplement, insofar as they purport to constitute a summary of the terms of the Securities, and under the headings “Service of Process and Enforceability of Civil Liabilities” in the Base Prospectus, “Item 8. Indemnification of Directors and Officers” in the Registration Statement and “Underwriting” in the Prospectus Supplement, insofar as they purport to describe the provisions of the laws and documents referred to therein, are accurate in all material respects, subject to the qualifications and assumptions stated therein.
Fair Summaries. The statements set forth (i) in the Pricing Disclosure Package and the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the 10-K, which is incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Business — Collaborations” through and including “Business — Cooperative Laboratory Agreements — University of Cagliari”, “Business — Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Risk Factors — Factors Related to Our Dependence on Third Parties Other Than Novartis — Our license agreement with GSK is important to our business. The milestone payments and royalties we could receive under our license agreement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 30, 2010, portions of which are incorporated by reference in the Pricing Disclosure Package and the Prospectus, under the captions “Compensation Discussion and Analysis”, “Certain Relationships and Related Person Transactions” and “Corporate Governance — Director Independence”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.
Fair Summaries. The statements in the Registration Statement, the General Disclosure Package and the Prospectus under the caption “Certain Relationships and Related Party Transactions”, “Description of Capital Stock” and “Shares Eligible for Future Sale”, insofar as such statements summarize legal matters, agreements or documents discussed therein, are accurate summaries in all material respects of such legal matters, agreements or documents and present information required to be shown therein pursuant to the rules and regulations of the Commission. The statements included in the Registration Statement, the General Disclosure Package and the Prospectus under the caption “Material U.S. Federal Income Tax Consequences for Non-U.S. Holders,” insofar as they purport to describe provisions of U.S. federal tax laws or legal conclusions with respect thereto, accurately summarize the matters referred to therein in all material respects.
Fair Summaries. The statements included or incorporated by reference in the Registration Statement, the General Disclosure Package and the Prospectus under the caption “Description of Capital Stock”, insofar as such statements summarize legal matters, agreements or documents discussed therein, are accurate summaries in all material respects of such legal matters, agreements or documents and present information required to be shown therein pursuant to the rules and regulations of the Commission. The statements included in the Registration Statement, the General Disclosure Package and the Prospectus under the caption “Material U.S. Federal Income Tax Considerations for Non-U.S. Holders,” insofar as they purport to summarize provisions of U.S. federal tax laws with respect thereto, present fair summaries of such legal matters referred to therein in all material respects.
Fair Summaries. The statements set forth in (i) the Disclosure Package and the U.S. Prospectus under the caption “Description of BEPC Share Capital” and “Comparison of Rights of Holders of BEPC Exchangeable Shares and BEP Units,” insofar as they purport to constitute a summary of the terms of the class A exchangeable subordinate voting shares of BEPC and Units, are accurate, complete and fair.
Fair Summaries. There is no franchise, contract or other document of a character required to be described in the Registration Statement or Prospectus, or to be filed as an exhibit thereto, which is not described or filed as required (and the Preliminary Prospectus contains in all material respects the same description of the foregoing matters contained in the Prospectus); and the statements contained in the Disclosure Package and the Prospectus under the captions “Business—Intellectual Property”, “Business—Legal Proceedings”, “Regulatory Environment”, and “Description of Share Capital and Articles of Association” in each case insofar as such statements summarize legal matters, agreements, documents, or proceedings discussed therein, are accurate and fair summaries of such legal matters, agreements, documents or proceedings, and the statements contained in the Registration Statement, the Disclosure Package and the Prospectus under the caption “Taxation,” insofar as such statements purport to summarize certain federal income tax laws of the United States and certain tax laws of the Netherlands and Germany, constitute a fair summary of the principal U.S. federal income tax consequences, Dutch tax consequences and German tax consequences, respectively, of an investment in the Securities as per the date of the Registration Statement, the Disclosure Package and the Prospectus.
Fair Summaries. The statements set forth (i) in the Prospectus under the captions “Description of Common Stock” and “Underwriting,” (ii) in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2009, as filed with the Commission on March 9, 2010, which is incorporated by reference in the Prospectus, under the captions “Business — Collaborations” through and including “Business — Cooperative Laboratory Agreements — University of Cagliari”, “Business — Patents and Licenses,” “Risk Factors — Factors Related to Our Relationship with Novartis”, “Risk Factors — Factors Related to Patents and Licenses” and “Risk Factors — Factors Related to Our Dependence on Third Parties — Our license agreement with GSK is important to our business. The royalties and other payments we receive under our licensing arrangement with GSK could be delayed, reduced or terminated if GSK terminates or fails to perform its obligations under its agreement with us or if GSK is unsuccessful in its sales efforts”, and (iii) in the Company’s Proxy Statement, as filed with the Commission on April 28, 2009, portions of which are incorporated by reference in the Prospectus, under the captions “Compensation Discussion and Analysis” and “Certain Relationships, Related Transactions and Director Independence”, insofar as they purport to describe the documents referred to therein, are accurate, complete and fair in all material respects.
Fair Summaries. The statements set forth in the Disclosure Package and the Prospectus under the caption “Description of Series 14 Preferred Units” and “Description of the Offered Securities,” insofar as they purport to constitute a summary of the terms of the Units, and under the headings “Service of Process and Enforceability of Civil Liabilities”, “Item 8. Indemnification of Directors and Officers” and “Underwriting” insofar as they purport to describe the provisions of the laws and documents referred to therein, are accurate, complete and fair.
