Time of Sale Disclosure Package. At the Applicable Time, neither the Time of Sale Disclosure Package nor any Limited Use Issuer Free Writing Prospectus, when considered together with the Time of Sale Disclosure Package, contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Notwithstanding the foregoing, the Company does not make any representation or warranty with respect to Underwriter Information.
Time of Sale Disclosure Package. The documents listed in the definition of “Time of Sale Disclosure Package” in the Standard Provisions, plus the Final Term Sheet listed in Schedule II (the “Final Term Sheet”) and, for the avoidance of doubt, no other Issuer Free Writing Prospectuses shall be included in the Time of Sale Disclosure Package. Closing:
Time of Sale Disclosure Package. As defined in the Standard Provisions, plus the Final Term Sheet listed in Schedule II (the “Final Term Sheet”). Closing:
Time of Sale Disclosure Package. As of the Time of Sale (as defined below), neither (A) the Issuer General Free Writing Prospectus(es) (as defined below) issued at or prior to the Time of Sale, the Statutory Prospectus (as defined below) and the information included on Schedule II hereto, all considered together (collectively, the “Time of Sale Disclosure Package”), nor (B) any individual Issuer Limited-Use Free Writing Prospectus (as defined below), when considered together with the Time of Sale Disclosure Package, included as of the Time of Sale any untrue statement of a material fact or omits or omitted as of the Time of Sale to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any Statutory Prospectus included in the Registration Statement or any Issuer Free Writing Prospectus based upon and in conformity with written information furnished to the Company by the Placement Agents specifically for use therein, which information the parties hereto agree is limited to the Placement Agents’ Information. As used in this paragraph and elsewhere in this Agreement:
Time of Sale Disclosure Package. The Pricing Prospectus, plus the Final Term Sheet listed in Schedule II, and for the avoidance of doubt, does not include any Issuer Free Writing Prospectuses.
Time of Sale Disclosure Package. As of the Time of Sale, neither the preliminary prospectus, dated August 14, 2017, any free writing prospectus set forth on Schedule I nor the information on Schedule II, all considered together (the “Time of Sale Disclosure Package”) included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to statements in or omissions from any issuer free writing prospectus in reliance upon and in conformity with written information furnished to the Company by any Selling Stockholder (other than a Selling Stockholder who is a director or officer of the Company) or by the Underwriter, in either case specifically for use therein.
Time of Sale Disclosure Package. As of the Time of Sale, neither the Preliminary Prospectus, dated December 5, 2024, nor the information on Schedule II, all considered together (the “Time of Sale Disclosure Package”) included any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.
Time of Sale Disclosure Package. Pricing Prospectus and the Final Term Sheet (referred to in Schedule II hereto)
Time of Sale Disclosure Package. Closing:
Time of Sale Disclosure Package. The Time of Sale Disclosure Package (as defined below) at the Time of Sale (as defined below) and at each Closing Date complied in all material respects with the requirements of the Securities Act and the Rules and Regulations and did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. The preceding sentence does not apply to (i) that part of the Registration Statement which shall constitute the Statement of Eligibility Under the Trust Indenture Act of 1939, as amended (the “Trust Indenture Act”), on Form T-1 of the Trustee or (ii) statements in or omissions from the Time of Sale Disclosure Package made in reliance upon and in conformity with written information furnished to the Company by any Underwriter through the Representative specifically for use therein; it being understood and agreed that the only such information furnished by the Representative consists of the information described as such in Section 13 hereof.
