Common use of Further Condition Clause in Contracts

Further Condition. The obligations of each of the Underwriters to purchase Securities pursuant to any Terms Agreement will be subject to the further condition that there shall not have come to the Underwriters' attention any facts that would cause them to believe that the Prospectus, at the time it was required to be delivered to a purchaser of Securities, contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at such time, not misleading. If any condition specified in this Section shall not have been fulfilled, this Agreement and any Terms Agreement may be terminated by the Underwriters by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party, except as provided in Section 5.

Further Condition. The obligations of each of the Underwriters to ----------------- purchase Securities pursuant to any Terms Agreement will be subject to the further condition that there shall not have come to the Underwriters' attention any facts that would cause them to believe that the Prospectus, at the time it was required to be delivered to a purchaser of Securities, contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at such time, not misleading. If any condition specified in this Section shall not have been fulfilled, this Agreement and any Terms Agreement may be terminated by the Underwriters by notice to the Company at any time at or prior to the Closing Time, and such termination shall be without liability of any party to any other party, except as provided in Section 5.