Common use of Final Memorandum Clause in Contracts

Final Memorandum. The Final Memorandum as of its date does not, and at the Time of Purchase will not, contain any 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, except that the representations and warranties set forth in this Section 3.1(a) do not apply to statements or omissions made in reliance upon and in conformity with information relating to the Initial Purchaser furnished to the Company in writing by the Initial Purchaser expressly for use in the Final Memorandum or any amendment or supplement thereto as set forth in Section 8.4 hereof. The statistical and market-related data included in the Final Memorandum (i) are based on or derived from sources that the Company believes to be reliable and accurate, (ii) represent the Company's good faith estimates that are made on the basis of data derived from sources that the Company believes to be reliable or (iii) represent the Company's good faith estimates that are based on internal Company surveys that the Company believes have a reasonable basis. The Notes, the Indenture and the Registration Rights Agreement conform in all material respects to the description thereof in the Final Memorandum.

Final Memorandum. The Final Memorandum Memorandum, as of its date does not, and at the Time of Purchase will not, contain any 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, except that the representations and warranties set forth in this Section 3.1(a) do not apply to statements or omissions made in reliance upon and in conformity with information relating to the Initial Purchaser Purchasers furnished to the Company in writing by the Initial Purchaser Purchasers expressly for use in the Final Memorandum or any amendment or supplement thereto as set forth in Section 8.4 hereof. The statistical and market-related data included in the Final Memorandum (i) are based on or derived from sources that which the Company believes to be reliable and accurate, (ii) accurate or represent the Company's good faith estimates that are made on the basis of data derived from sources that the Company believes to be reliable or (iii) represent the Company's good faith estimates that are based on internal Company surveys that the Company believes have a reasonable basissuch sources. The NotesSecurities, the Exchange Securities, the Indenture and the Registration Rights Agreement conform in all material respects to the description thereof in the Final Memorandum.

Final Memorandum. The Final Memorandum Memorandum, as of its date does not, and at the Time of Purchase will not, contain any 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, except that the representations and warranties set forth in this Section 3.1(a) do not apply to statements or omissions made in reliance upon and in conformity with information relating to the Initial Purchaser Purchasers furnished to the Company in writing by the Initial Purchaser Purchasers expressly for use in the Final Memorandum or any amendment or supplement thereto as set forth in Section 8.4 hereof. The statistical and market-related data included in the Final Memorandum (i) are based on or derived from sources that which the Company believes Issuers and Holdings believe to be reliable and accurate, (ii) represent accurate or represents the Company's Issuers' and Holdings good faith estimates that are made on the basis of data derived from sources that the Company believes to be reliable or (iii) represent the Company's good faith estimates that are based on internal Company surveys that the Company believes have a reasonable basissuch sources. The Notes, the Indenture and the Registration Rights Agreement conform in all material respects to the description thereof in the Final Memorandum.

Final Memorandum. The Final Memorandum Memorandum, as of its date does not, and at the Time of Purchase will not, contain any 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, except that the representations and warranties set forth in this Section 3.1(a) do not apply to statements or omissions made in reliance upon and in conformity with information relating to the Initial Purchaser Purchasers furnished to the Company in writing by the Initial Purchaser Purchasers expressly for use in the Final Memorandum or any amendment or supplement thereto as set forth in Section 8.4 hereof. The statistical and market-related data included in the Final Memorandum (i) are based on or derived from sources that which the Company believes to be reliable and accurate, (ii) accurate or represent the Company's good faith estimates that are made on the basis of data derived from sources that the Company believes to be reliable or (iii) represent the Company's good faith estimates that are based on internal Company surveys that the Company believes have a reasonable basissuch sources. The Notes, the Indenture and the Registration Rights Agreement conform in all material respects to the description thereof in the Final Memorandum.