Common use of Provision by Holders of Certain Information in Connection with the Shelf Registration Statement Clause in Contracts

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days after receipt of a request therefor, (x) the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreements. Each selling Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company Issuers in writing, within 20 15 Business Days after receipt of a request therefor, (x) the information specified in required by Item 507 or 508 of Regulation S-K, as applicable, of the Act or other information reasonably requested by the Issuers and required by Regulation S-K of the Act in order to fulfill their obligations hereunder for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest liquidated damages pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling Holder agrees to promptly furnish additional information as requested by the Commission or as required to be disclosed in order to make the information previously furnished to the Company Issuers by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days after receipt of a request therefortherefore, (x) such information as the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Additional Interest pursuant to a Registration Default under clause (ii) of the definition thereof set forth in Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly furnish additional to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days after receipt of a request therefor, (x) the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest Liquidated Damages pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreements. Each selling Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days after receipt of a request therefor, (x) the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreements. Each selling Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until (i) such Holder furnishes to the Company in writing, within 20 10 Business Days after receipt of a request therefor, (x) the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (zii) an agreement such Holder furnishes to comply with the prospectus delivery requirements Company in connection with writing, promptly after receipt of a request therefore, any other information regarding such Holder and the offer and sale of Transfer Restricted Securities. No distribution by such Holder of such Transfer Restricted Securities as may be required to which any Shelf be disclosed in the Registration Statement is being effected shall be entitled to Special Interest under applicable securities or Blue Sky laws or pursuant to Section 5 hereof unless Commission comments and until such Holder shall have provided all such any information and agreementsotherwise required by the Company to comply with applicable securities or Blue Sky laws. Each selling Holder agrees to shall promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading. No Holder shall be entitled to liquidated damages pursuant to Section 5 hereof unless and until such Holder shall have furnished to the Company all information required by this Section 4(b).

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company Issuers in writing, within 20 Business Days after receipt of a request therefor, (x) such information as the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Issuers may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Additional Interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsto the extent such information is required; provided that such Additional Interest shall not include any Additional Interest accrued prior to the provision of such information by such Holder. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly furnish additional to the Issuers all information required to be disclosed in order to make the information previously furnished to the Company Issuers by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days days after receipt of a request therefor, (x) the such information specified in Item 507 or 508 of Regulation S-K, as applicable, of K under the Act and such other information as the Company or any Guarantor may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest special interest pursuant to Section 5 hereof unless and until such Holder shall have provided used its best efforts to provide all such information and agreementsinformation. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly furnish additional to the Company and Guarantors all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days days after receipt of a request therefor, (x) the such information specified in Item item 507 or 508 of Regulation S-KK under the Act and any other applicable rules, as applicable, regulations or policies of the Act Commission for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest Liquidated Damages pursuant to Section 5 hereof unless and until such Holder shall have provided used its best efforts to provide all such information and agreementsinformation. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly furnish additional to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company Issuers in writing, within 20 15 Business Days after receipt of a request therefor, (x) the information specified in required by Item 507 or 508 of Regulation S-K, as applicable, of the Act or other information reasonably requested by the Issuers and required by Regulation S-K of the Act in order to fulfill their obligations hereunder, for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest liquidated damages pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling Holder agrees to promptly furnish additional information as requested by the Commission or as required to be disclosed in order to make the information previously furnished to the Company Issuers by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days no later than 10 days after receipt of a request therefor, (x) the information specified in Item 507 or 508 of Regulation S-K, as applicable, of under the Act Act, or other information reasonably requested by the Company and required by Regulation S-K under the Act, for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein. Notwithstanding anything else herein to the contrary, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No no Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest pursuant to Section 5 hereof unless and until (and from and after such time) such Holder shall have provided all such information and agreementsinformation. Each selling Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleadingmisleading or to correct a material omission therein and shall promptly supply such other information as the Company may from time to time reasonably request.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days days after receipt of a request therefor, (x) such information as the Company may reasonably request in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including, but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest liquidated damages pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling By its acceptance of Transfer Restricted Securities, each Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days after receipt of a request therefor, (x) such information as the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required therein or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securitiesamendment or supplement thereto or Free Writing Prospectus. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Additional Interest pursuant to clause (ii) or (iv) of the first sentence of Section 5 hereof unless and until such Holder shall have provided the Company all such information and agreementsreasonably requested information. Each selling Holder whose Transfer Restricted Securities shall be included in any Shelf Registration Statement agrees to furnish promptly furnish additional to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days days after receipt of a request therefortherefore, (x) the information (i) specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Act, (ii) specified in Items 9(B) and 9(D) of Part I of Form 20-F, or (iii) is otherwise required by the Company so as to enable the Company to comply with those requirements of Item 4 of Form F-1 described in paragraphs 1(c)(ii) and 1(c)(iii) of the Instructions as to Summary Prospectuses contained in Form F-1, in each case for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Trust and the Company in writing, within 20 Business Days business days after receipt of a request therefor, (x) such information as the information specified in Item 507 or 508 of Regulation S-K, as applicable, of Trust and the Act Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities shall be entitled to Additional Distributions pursuant to Section 5 hereof or Article 3 of the Indenture unless and until such Holder shall have used its best efforts to provide all such reasonably requested information. Each Holder as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreements. Each selling Holder agrees to furnish promptly furnish additional to the Trust and the Company all information required to be disclosed in order to make the information previously furnished to the Trust and the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days days after receipt of a request therefor, (x) such information as the Company may reasonably request in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including, but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Additional Interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling By its acceptance of Transfer Restricted Securities, each Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days business days after receipt of a request therefor, (x) such information as the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Additional Interest pursuant to Section 5 hereof unless and until such Holder shall have provided used its best efforts to provide all such information and agreementsreasonably requested information. Each selling Holder agrees of Notes as to which any Shelf Registration Statement is being effected, by its participation in the Shelf Registration Statement, shall be deemed to agree to furnish promptly furnish additional to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 10 Business Days after receipt of a request therefor, (x) such information as the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted SecuritiesProspectus. No Each Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreements. Each selling Holder agrees to furnish promptly furnish additional to the Company all information as requested by the Commission or as required to be disclosed in order to make the information previously furnished to the Company by such Holder and/or contained in such Shelf Registration Statement or Prospectus or preliminary Prospectus not materially misleading. No Holder shall be entitled to Additional Interest pursuant to Section 5 hereof unless and until (and from and after such time) such Holder shall have provided all information required pursuant to this Section 4(b).

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days 10 days after receipt of a request therefortherefore, (x) the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, therein and (z) an agreement agrees to comply with Regulation M under the prospectus delivery requirements in connection with Exchange Act, to the offer and sale of Transfer Restricted Securitiesextent applicable. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest additional interest pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling By its acceptance of Transfer Restricted Securities, each Holder agrees to promptly furnish additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleadingmisleading or required to comply with Commission rules.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 20 Business Days days after receipt of a request therefor, (x) such information as the Company may reasonably request, including, without limitation, the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Act, for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as to which any Shelf Registration Statement is being effected shall be entitled to Special Interest liquidated damages pursuant to Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish to the Company additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading.

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company Issuers in writing, within 20 Business Days after receipt of a request therefor, (x) such information as the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act Issuers may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus Prospectus included therein, (y) an agreement to update such information, from time to time, as required or appropriate, and (z) an agreement to comply with the prospectus delivery requirements in connection with the offer and sale of Transfer Restricted Securities. No Holder of Transfer Restricted Securities as shall be entitled to which Additional Interest pursuant to a Registration Default with respect to any Shelf Registration Statement is being effected shall be entitled to Special Interest pursuant to as set forth in Section 5 hereof unless and until such Holder shall have provided all such information and agreementsinformation. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly furnish additional to the Issuers all information required to be disclosed in order to make the information previously furnished to the Company Issuers by such Holder not materially misleading.