Common use of Incorporation of Documents by Reference Clause in Contracts

Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective did 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 not misleading, (b) at the time the Prospectus was issued and on the date of this Agreement, the Prospectus did 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 light of the circumstances under which they were made, not misleading.

Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and Statement, the Prospectus, when the Statutory Prospectus and the Preliminary Prospectus, at the time they became effective were or were hereafter are filed with the Commission, as the case may be, complied and will comply in all material respects with the requirements of the Securities Exchange Act of 1934, as amended (the “1934 ACT”) and the rules and regulations of the Commission under the 1934 Act (the “1934 ACT REGULATIONS”), the 1940 Act and the 1934 Act Regulations, Rules and Regulations and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective effective, (b) at the time the Preliminary Prospectus was issued, (c) at the time the Prospectus was issued and (d) at the Closing Time, did not and 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 not misleading, (b) at the time the Prospectus was issued and on the date of this Agreement, the Prospectus did 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 light of the circumstances under which they were made, not misleading.

Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulationsrules and regulations of the Commission thereunder, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective did 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 not misleadingtherein, and (b) at the time the Prospectus was issued and on the date of this Agreement, the Prospectus did 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.

Incorporation of Documents by Reference. The documents incorporated or deemed to be incorporated by reference in the Registration Statement and the Prospectus, when they became effective or were filed with the Commission, as the case may be, complied in all material respects with the requirements of the 1934 Act and the 1934 Act Regulations, and, when read together with the other information in the Prospectus, (a) at the time the Registration Statement became effective effective, did 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 not misleading, and (b) at the time the Prospectus was issued and on the date of this Agreement, the Prospectus did 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 light of the circumstances under which they were made, not misleading.