Common use of Registration Statement Not Misleading Clause in Contracts

Registration Statement Not Misleading. On the effective date of the Registration Statement, the Registration Statement complied in all material respects with the applicable requirements of the Securities Act; on the effective date of the Registration Statement and on the date of this Agreement, the Registration Statement did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein not misleading; and on the effective date of the Registration Statement and on the date of any filing pursuant to Rule 424(b) under the Securities Act, the Prospectus did not and will not include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading; provided, however, that the Company and the Guarantor make no representation or warranty as to (i) the Statement of Eligibility and Qualification of the Trustee under the Trust Indenture Act (Form T-1), which is included in the Registration Statement, or (ii) the information contained in or omitted from the Registration Statement or the Prospectus in reliance upon and in conformity with information furnished in writing to the Company or the Guarantor by or on behalf of any Underwriter through the Representatives specifically for inclusion in the Registration Statement or the Prospectus.