Common use of Non-Issuer Free Writing Prospectus Clause in Contracts

Non-Issuer Free Writing Prospectus. The Company consents to the use by CF&Co of a free writing prospectus that (a) is not an "issuer free writing prospectus" as defined in Rule 433 under the Securities Act, and (b) contains only (i) information describing the preliminary terms of the Shares or their offering, or (ii) information permitted under Rule 134 under the Securities Act; provided that CF&Co covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of CF&Co that otherwise would not be required to be filed by the Company thereunder, but for the action of CF&Co.

Non-Issuer Free Writing Prospectus. The Company consents to the use by CF&Co CF&Co. of a free writing prospectus that (a) is not an "“issuer free writing prospectus" ” as defined in Rule 433 under the Securities Act, and (b) contains only (i) information describing the preliminary terms of the Shares or their offering, or (ii) information permitted under Rule 134 under the Securities Act; provided that CF&Co CF&Co. covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of CF&Co CF&Co. that otherwise would not be required to be filed by the Company thereunder, but for the action of CF&Co.

Non-Issuer Free Writing Prospectus. The Company consents to the use by CF&Co CF&Co. of a free writing prospectus that (a) is not an "issuer free writing prospectus" as defined in Rule 433 under the Securities Act, and (b) contains only (i) information describing the preliminary terms of the Shares or their offering, or (ii) information permitted under Rule 134 under the Securities Act; provided that CF&Co CF&Co. covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of CF&Co CF&Co. that otherwise would not be required to be filed by the Company thereunder, but for the action of CF&Co.

Non-Issuer Free Writing Prospectus. The Company consents to the use by CF&Co of a free writing prospectus that (a) is not an "“issuer free writing prospectus" ” as defined in Rule 433 under the Securities Act, and (b) contains only (i) information describing the preliminary terms of the Shares or their offering, or (ii) information permitted under Rule 134 under the Securities Act; provided that CF&Co covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of CF&Co that otherwise would not be required to be filed by the Company thereunder, but for the action of CF&Co.

Non-Issuer Free Writing Prospectus. The Company consents to the use by CF&Co of a free writing prospectus that (a) is not an "issuer free writing prospectus" “Issuer Free Writing Prospectus” as defined in Rule 433 under the Securities Act433, and (b) contains only (i) information describing the preliminary terms of the Shares or their offering, or (ii) information permitted under Rule 134 under the Securities Act; provided that CF&Co covenants with the Company not to take any action that would result in the Company being required to file with the Commission under Rule 433(d) under the Securities Act a free writing prospectus prepared by or on behalf of CF&Co that otherwise would not be required to be filed by the Company thereunder, but for the action of CF&Co.