Common use of Public Filings; Financial Statements Clause in Contracts

Public Filings; Financial Statements. (a) The Company has filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) on a timely basis all forms, reports, schedules, statements (including proxy, information and registration statements) and other documents required to be filed with or furnished to the SEC by the Company since December 31, 2011 (all such documents, together with all exhibits and schedules to the foregoing materials and all information incorporated therein by reference, the “Company SEC Documents”). As of their respective filing dates (or, if amended by a filing prior to the date of this Agreement, then on the date of such amendment), the Company SEC Documents complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and all other applicable federal securities Laws (including, in each case, the rules and regulations promulgated thereunder, such as Industry Guide 7), and none of the Company SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.

Public Filings; Financial Statements. (a) The Company has timely filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) on a timely basis all registration statements, prospectuses, forms, reports, schedulesdefinitive proxy statements, statements (including proxy, information schedules and registration statements) and other documents required to be filed with by it (i) under the Securities Act of 1933, as amended (the “Securities Act”), (ii) the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or furnished to the SEC by (iii) that certain indenture between the Company and U.S. Trust Company, National Association, dated as of May 11, 1999, as the case may be, since December 31January 1, 2011 2000 (all such documents, together with all exhibits and schedules to the foregoing materials and all information incorporated therein by referencecollectively, the “Company SEC DocumentsReports”). As Each Company SEC Report (A) as of their respective filing dates its date, complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, and (orB) did not, at the time it was filed (or if amended by a filing made prior to the date of this Agreement, then on the date of such amendmentamended filing), the Company SEC Documents complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and all other applicable federal securities Laws (including, in each case, the rules and regulations promulgated thereunder, such as Industry Guide 7), and none of the Company SEC Documents contained contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. As of the date of this Agreement, no Subsidiary of the Company is subject to the periodic reporting requirements of the Exchange Act.

Public Filings; Financial Statements. (a) The Company has timely filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) on a timely basis all registration statements, prospectuses, forms, reports, schedulesdefinitive proxy statements, statements (including proxy, information schedules and registration statements) and other documents required to be filed with by it (i) under the Securities Act of 1933, as amended (the "Securities Act"), (ii) the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or furnished to the SEC by (iii) that certain indenture between the Company and U.S. Trust Company, National Association, dated as of May 11, 1999, as the case may be, since December 31January 1, 2011 2000 (all such documents, together with all exhibits and schedules to the foregoing materials and all information incorporated therein by referencecollectively, the “"Company SEC Documents”Reports"). As Each Company SEC Report (A) as of their respective filing dates its date, complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, and (orB) did not, at the time it was filed (or if amended by a filing made prior to the date of this Agreement, then on the date of such amendmentamended filing), the Company SEC Documents complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and all other applicable federal securities Laws (including, in each case, the rules and regulations promulgated thereunder, such as Industry Guide 7), and none of the Company SEC Documents contained contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. As of the date of this Agreement, no Subsidiary of the Company is subject to the periodic reporting requirements of the Exchange Act.