Common use of Amendments and Supplements to Offering Circulars Clause in Contracts

Amendments and Supplements to Offering Circulars. The Issuers will give the Representative notice of their intention to prepare any amendment, supplement or revision to the Preliminary Offering Circular, the Final Offering Circular or any Issuer Free Writing Communication, and the Issuers will furnish the Representative with copies of any such documents within a reasonable amount of time prior to such proposed use, and will not use any such document to which the Representative or counsel for the Purchasers shall reasonably object. If, at any time prior to the completion of the resale of the Offered Securities by the Purchasers, there occurs an event or development as a result of which any document included in the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers and the Guarantors promptly will notify the Representative of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the Representative, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Company and the Guarantors will give the Representative notice promptly advise Credit Suisse of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, Circular or the Final Offering Circular at any time and will offer Credit Suisse a reasonable opportunity to comment on any such amendment or any Issuer Free Writing Communication, supplement; and the Issuers Company will furnish also advise Credit Suisse promptly of the Representative with copies receipt by the Company of any notification with respect to the suspension of the qualification of the Securities in any jurisdiction or the institution or threatening of any proceedings for such documents within a reasonable amount of time prior to such proposed use, and will not use any such document to which the Representative or counsel for the Purchasers shall reasonably objectpurpose. If, at any time prior to the completion of the resale of the Offered Securities Notes by the Purchasers, there any event occurs an event or development as a result of which any document included in the Preliminary or Final Offering Circular, the General Disclosure Package Circular as then amended or any Supplemental Marketing Material, if republished immediately following such event or development, included or supplemented would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary Offering Circular or the Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers Company and the Guarantors promptly will notify the Representative Credit Suisse of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the RepresentativeCredit Suisse, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the RepresentativeCredit Suisse’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Company and the Guarantors will give promptly advise the Representative notice Representatives of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, Circular or the Final Offering Circular at any time and will offer the Representatives a reasonable opportunity to comment on any such amendment or any Issuer Free Writing Communication, supplement; and the Issuers Company will furnish also advise the Representative with copies Representatives promptly of the receipt by the Company of any notification with respect to the suspension of the qualification of the Securities in any jurisdiction or the institution or threatening of any proceedings for such documents within a reasonable amount of time prior to such proposed use, and will not use any such document to which the Representative or counsel for the Purchasers shall reasonably objectpurpose. If, at any time prior to the completion of the resale of the Offered Securities Notes by the Purchasers, there any event occurs an event or development as a result of which any document included in the Preliminary or Final Offering Circular, the General Disclosure Package Circular as then amended or any Supplemental Marketing Material, if republished immediately following such event or development, included or supplemented would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary Offering Circular or the Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers Company and the Guarantors promptly will notify the Representative Representatives of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the RepresentativeRepresentatives, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s Representatives’ consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers and the Guarantors will give promptly advise the Representative notice of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the or Final Offering Circular and will not effect such amendment or supplementation without the Representative’s consent, provided that, the foregoing shall not prohibit the Company from filing any Issuer Free Writing Communicationdocument with the Commission, and or issuing any press release, which counsel to the Issuers will furnish Company believes is necessary or advisable in order to comply with applicable laws, rules or regulations, subject to the Representative reasonable comment of the Purchasers, so long as the Company has used commercially reasonable efforts to provide the Purchasers with copies of any such documents within a reasonable amount of time notice thereof prior to such proposed use, and will not use any such document to which the Representative or counsel for the Purchasers shall reasonably objectfiling. If, at any time prior to the completion of the resale of the Offered Securities by the Purchasers, there occurs an event or development as a result of which any document included in the Preliminary or Final Offering Circular, the General Disclosure Package or Package, any Supplemental Marketing MaterialMaterial or any General Solicitation Communication, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers and the Guarantors promptly will notify the Representative of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the Representative, an amendment or supplement which will correct such statement or omission or effect such complianceomission. Neither the Representative’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Issuer and the Guarantors will give promptly advise Credit Suisse, as Representative of the Representative notice several Purchasers (the “Representative”) of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the or Final Offering Circular or any Issuer Free Writing Communication, and the Issuers will furnish the Representative with copies of any such documents within a reasonable amount of time prior to such proposed use, and will not use any effect such document to amendment or supplementation without the Representative’s consent, which the Representative or counsel for the Purchasers consent shall reasonably objectnot be unreasonably withheld. If, at any time prior to the completion of the initial resale of the unallocated Offered Securities by the Purchasers, but in any event, no later than 30 days after the Closing Date, there occurs an event or development as a result of which any document included in the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers Issuer and the Guarantors promptly will notify the Representative Credit Suisse of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the Representative, an amendment or supplement which will correct such statement or omission or effect such complianceomission. Neither the RepresentativeCredit Suisse’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Company and the Guarantors will give promptly advise the Representative notice of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the Circular or Final Offering Circular or any Issuer Free Writing Communication, and the Issuers will furnish the Representative with copies of any such documents within a reasonable amount of time prior to such proposed use, and will not use any effect such document to which amendment or supplementation without the Representative or counsel for the Purchasers shall reasonably objectRepresentative’s consent. If, at any time prior to the completion of the resale of the Offered Securities by the Purchasers, there occurs an event or development as a result of which any document included in the Preliminary Offering Circular or Final Offering Circular, the General Disclosure Package or Package, any Supplemental Marketing MaterialMaterial or any General Solicitation Communication, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary Offering Circular or Final Offering Circular, the General Disclosure Package or Package, any Supplemental Marketing Material or any General Solicitation Communication to comply with any applicable law, the Issuers Company and the Guarantors promptly will notify the Representative of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the Representative, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 76.

Amendments and Supplements to Offering Circulars. The Issuers Company and the Guarantors will give promptly advise the Representative notice of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the Circular or Final Offering Circular or any Issuer Free Writing Communication, and the Issuers will furnish the Representative with copies of any such documents within a reasonable amount of time prior to such proposed use, and will not use any affect such document to which amendment or supplementation without the Representative or counsel for the Purchasers shall reasonably objectRepresentative’s consent. If, at any time prior to the completion of the resale of the Offered Securities by the Purchasers, there occurs an event or development as a result of which any document included in the Preliminary Offering Circular or Final Offering Circular, Circular or the General Disclosure Package or any Supplemental Marketing Material, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers Company and the Guarantors promptly will notify the Representative of such event and promptly will prepare and furnish, at its their own expense, to the Purchasers and the dealers and to any other dealers at the request of the Representative, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Company will give promptly advise the Representative notice of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the Circular or Final Offering Circular or any Issuer Free Writing Communication, and the Issuers will furnish the Representative with copies of any such documents within a reasonable amount of time prior to such proposed use, and will not use any effect such document to which amendment or supplementation without the Representative or counsel for the Purchasers shall reasonably objectRepresentative’s consent. If, at any time prior to the completion of the resale of the Offered Securities by the Purchasers, there occurs an event or development as a result of which any document included in the Preliminary Offering Circular or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers Company and the Guarantors promptly will notify the Representative of such event and promptly will prepare and furnish, at its their own expense, to the Purchasers and the dealers and to any other dealers at the request of the Representative, Representative an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 76. The first sentence of this subsection does not apply to statements in or omissions from any document in the Preliminary Offering Circular or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material made in reliance upon and in conformity with written information furnished to the Company by the Representative specifically for use therein, it being understood and agreed that the only such information is that described as such in Section 8(b) hereof.

Amendments and Supplements to Offering Circulars. The Issuers Company and the Guarantors will give promptly advise the Representative notice of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, Circular or the Final Offering Circular at any time and will offer the Representative a reasonable opportunity to comment on any such amendment or any Issuer Free Writing Communication, supplement; and the Issuers Company will furnish also advise the Representative with copies promptly of the receipt by the Company of any notification with respect to the suspension of the qualification of the Securities in any jurisdiction or the institution or threatening of any proceedings for such documents within a reasonable amount of time prior to such proposed use, and will not use any such document to which the Representative or counsel for the Purchasers shall reasonably objectpurpose. If, at any time prior to the later of the Closing Date and the completion of the resale of the Offered Securities Notes by the Purchasers, there any event occurs an event or development as a result of which any document included in the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material, if republished immediately following such event the Final Offering Circular as then amended or development, included or supplemented would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary Offering Circular or the Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers Company and the Guarantors promptly will notify the Representative of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the Representative, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Company will give promptly advise the Representative notice Representatives of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the or Final Offering Circular or any Issuer Free Writing Communication, and the Issuers will furnish the Representative with copies of any such documents within a reasonable amount of time prior to such proposed use, and will not use any effect such document to which amendment or supplementation without the Representative or counsel for the Purchasers shall reasonably objectRepresentatives’ consent. If, at any time prior to the completion of the resale of the Offered Securities by the Purchasers, there occurs an event or development as a result of which any document included in the Preliminary or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is otherwise necessary at any such time to amend or supplement the Preliminary or Offering Circular, the Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers and the Guarantors Company promptly will notify the Representative Representatives of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the RepresentativeRepresentatives, an amendment or supplement which will correct such statement or omission or effect such complianceso the Preliminary Offering Circular, the Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material complies with law. Neither the Representative’s Representatives’ consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Company and the Guarantors will give promptly advise the Representative notice Representatives of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the or Final Offering Circular or any Issuer Free Writing Communication, and the Issuers will furnish the Representative with copies of any such documents within a reasonable amount of time prior to such proposed use, and will not use any effect such document to amendment or supplementation without the Representatives’ consent, which the Representative or counsel for the Purchasers shall reasonably objectconsent will not be unreasonably withheld. If, at any time prior to the completion of the resale of the Offered Securities by the Purchasers, there occurs an event or development as a result of which any document included in the Preliminary Offering Circular or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary Offering Circular or Final Offering Circular, the General Disclosure Package or any Supplemental Marketing Material to comply with any applicable law, the Issuers Company and the Guarantors promptly will notify the Representative Representatives of such event and promptly will prepare and furnish, at its own expense, to the Purchasers and the dealers and to any other dealers at the request of the RepresentativeRepresentatives, an amendment or supplement which will correct such statement or omission or effect such complianceomission. Neither the Representative’s Representatives’ consent to, nor its or the Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 7.

Amendments and Supplements to Offering Circulars. The Issuers Prior to the completion of the sale of the Offered Securities, the Company will give promptly advise the Representative notice Representatives of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the Circular or Final Offering Circular or any Issuer Free Writing Communication, and will offer the Issuers will furnish the Representative with copies of any such documents within Representatives a reasonable amount of time prior opportunity to comment on such proposed use, and will not use any such document to which the Representative amendment or counsel for the Purchasers shall reasonably objectsupplement. If, at any time prior to the completion of the resale of the Offered Securities by the Initial Purchasers, there occurs an any event or development occurs as a result of which any document included in the Preliminary or Final Offering Circular, a part of the General Disclosure Package or Package, any Supplemental Marketing Material, the Preliminary Offering Circular or the Final Offering Circular, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary or Final Offering Circular, the General Disclosure Package or Package, any Supplemental Marketing Material Material, the Preliminary Offering Circular or the Final Offering Circular to comply with any applicable law, the Issuers and the Guarantors Company will promptly will notify the Representative Representatives of such event or development and will promptly will prepare and furnish, at its own expense, to the Initial Purchasers and the dealers and to any other dealers at the upon request of the RepresentativeRepresentatives, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s Representatives’ consent to, nor its or the Initial Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 77 hereof.

Amendments and Supplements to Offering Circulars. The Issuers Prior to the completion of the sale of the Offered Securities, the Company will give promptly advise the Representative notice Representatives of their intention any proposal to prepare any amendment, amend or supplement or revision to the Preliminary Offering Circular, the Circular or Final Offering Circular or any Issuer Free Writing Communication, and will offer the Issuers will furnish the Representative with copies of any such documents within Representatives a reasonable amount of time prior opportunity to comment on such proposed use, and will not use any such document to which the Representative amendment or counsel for the Purchasers shall reasonably objectsupplement. If, at any time prior to the completion of the resale of the Offered Securities by the Initial Purchasers, there occurs an any event or development occurs as a result of which any document included in the Preliminary or Final Offering Circular, a part of the General Disclosure Package or Package, any Supplemental Marketing Material, the Preliminary Offering Circular or the Final Offering Circular, if republished immediately following such event or development, included or would include an untrue statement of a material fact or omitted or would omit 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, or if it is necessary at any such time to amend or supplement the Preliminary or Final Offering Circular, the 13 General Disclosure Package or Package, any Supplemental Marketing Material Material, the Preliminary Offering Circular or the Final Offering Circular to comply with any applicable law, the Issuers and the Guarantors Company will promptly will notify the Representative Representatives of such event or development and will promptly will prepare and furnish, at its own expense, to the Initial Purchasers and the dealers and to any other dealers at the upon request of the RepresentativeRepresentatives, an amendment or supplement which will correct such statement or omission or effect such compliance. Neither the Representative’s Representatives’ consent to, nor its or the Initial Purchasers’ delivery to offerees or investors of, any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 77 hereof.