Common use of Securities Documents Clause in Contracts

Securities Documents. The Securities Documents filed and to be filed by Fidelity under the Exchange Act at any time since December 31, 2017, comply with or will comply, at the time filed with the SEC, in all material respects, with the Exchange Act and all applicable rules and regulations of the SEC. None of the Securities Documents, including any financial statements, schedules or exhibits included or incorporated by reference therein at the time they were filed (or, if amended or superseded by a subsequent filing, as of the date of the last such amendment or superseding filing prior to the date hereof), contained any untrue statement of a material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. None of the Fidelity Subsidiaries is required to file or furnish any forms, reports or other documents with the SEC. As of the date of this Agreement, no executive officer of Fidelity has failed in any respect to make the certifications required of him or her under Section 302 or 906 of 56 the Sarbanes Oxley Act. There are no outstanding comments from or unresolved issues raised by the SEC staff with respect to the Securities Documents. 

Securities Documents. The Securities Documents (a) Xxxxxxxx has filed all reports, schedules, registration statements and other documents, together with amendments thereto, required to be filed by Fidelity under the Exchange Act at any time since December 31, 2017, comply with or will comply, at the time filed with the SECSEC since January 1, in all material respects, 2009 (the “Xxxxxxxx SEC Reports”). As of their respective dates of filing with the Exchange Act and all applicable rules and regulations of the SEC. None of the Securities Documents, including any financial statements, schedules or exhibits included or incorporated by reference therein at the time they were filed SEC (or, if amended amended, restated or superseded by a subsequent filingfiling prior to the date hereof, as of the date of the last such amendment each amended, restated or superseding filing prior to the date hereofsubsequent filing), contained the Xxxxxxxx SEC Reports complied, in all materials respects with the applicable requirements of the Securities Act, the Exchange Act, the Xxxxxxxx-Xxxxx Act, the Xxxx-Xxxxx Act and did not 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 therein, in light of the circumstances under which they were made, not misleading. None There are no outstanding comments from, or unresolved issues raised by, the SEC with respect to any of the Fidelity Subsidiaries is required to file or furnish any forms, reports or other documents with the SECXxxxxxxx SEC Reports. As of the date of this Agreement, no No executive officer of Fidelity Xxxxxxxx has failed in any respect to make the certifications certification required of him or her under Section 302 or 906 of 56 the Sarbanes Oxley Act. There are Xxxxxxxx-Xxxxx Act and, to the knowledge of Xxxxxxxx, no outstanding comments from or unresolved issues raised enforcement action has been initiated against Xxxxxxxx by the SEC staff with respect relating to the Securities Documents. disclosures in any Xxxxxxxx SEC Report.

Securities Documents. The Securities Documents (a) VIST has filed all reports, schedules, registration statements and other documents, together with amendments thereto, required to be filed by Fidelity under the Exchange Act at any time since December 31, 2017, comply with or will comply, at the time filed with the SECSEC since January 1, in all material respects, 2009 (the “VIST SEC Reports”). As of their respective dates of filing with the Exchange Act and all applicable rules and regulations of the SEC. None of the Securities Documents, including any financial statements, schedules or exhibits included or incorporated by reference therein at the time they were filed SEC (or, if amended amended, restated or superseded by a subsequent filingfiling prior to the date hereof, as of the date of the last such amendment each amended, restated or superseding filing prior to the date hereofsubsequent filing), contained the VIST SEC Reports complied, in all materials respects with the applicable requirements of the Securities Act, the Exchange Act, the Xxxxxxxx-Xxxxx Act, the Xxxx-Xxxxx Act and did not 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 therein, in light of the circumstances under which they were made, not misleading. None There are no outstanding comments from, or unresolved issues raised by, the SEC with respect to any of the Fidelity Subsidiaries is required to file or furnish any forms, reports or other documents with the SECVIST SEC Reports. As of the date of this Agreement, no No executive officer of Fidelity VIST has failed in any respect to make the certifications certification required of him or her under Section 302 or 906 of 56 the Sarbanes Oxley Act. There are Xxxxxxxx-Xxxxx Act and, to the knowledge of VIST, no outstanding comments from or unresolved issues raised enforcement action has been initiated against VIST by the SEC staff with respect relating to the Securities Documents. disclosures in any VIST SEC Report.