Common use of Misleading Statements – Documents Incorporated by Reference Clause in Contracts

Misleading Statements – Documents Incorporated by Reference. The documents incorporated by reference in the Registration Statement, the Time of Sale Prospectus or the Prospectus did not, and any further documents filed and incorporated by reference therein will not, when filed with the Commission and on the Closing Date, 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.

Misleading Statements – Documents Incorporated by Reference. The documents incorporated by reference in the Registration Statement, the Time of Sale Prospectus Pricing Disclosure Package or the Prospectus did not, and any further documents filed and incorporated by reference therein will not, when filed with the Commission and on the Closing DateCommission, 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.