Common use of Company Additional Written Communications Clause in Contracts

Company Additional Written Communications. The Company (including its agents and representatives, other than the Initial Purchasers in their capacity as such) has not prepared, made, used, authorized, approved or referred to and will not prepare, make, use, authorize, approve or refer to any written communication that constitutes an offer to sell or solicitation of an offer to buy the Securities (each such communication by the Company or its agents and representatives (other than a communication referred to in clauses (i), (ii) and (iii) below) a “Company Additional Written Communication”) other than (i) the Pricing Disclosure Package, (ii) the Offering Memorandum and (iii) any electronic road show or other written communications, in each case used in accordance with Section 3(a). Each such Company Additional Written Communication, when taken together with the Pricing Disclosure Package, did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company and the Guarantors make no representation or warranty with respect to any statements or omissions made in each such Company Additional Written Communication in reliance upon and in conformity with information relating to any Initial Purchaser furnished to the Company by any Initial Purchaser through the Representative expressly for inclusion therein.

Company Additional Written Communications. The Neither the Company (including its agents and representatives, other than nor the Initial Purchasers in their capacity as such) has not Guarantors have prepared, made, used, authorized, approved or referred to distributed and will not prepare, make, use, authorize, approve or refer to distribute any written communication that constitutes an offer to sell or solicitation of an offer to buy the Securities (each such communication by the Company Company, the Guarantors or its their respective agents and representatives (other than a communication referred to in clauses (i), (ii) and (iiiii) below) a “Company Additional Written Communication”) other than (i) the Pricing Disclosure Package, (ii) the Final Offering Memorandum and (iii) any electronic road show or other written communicationscommunications and the documents set forth on Schedule C, in each case used in accordance with Section 3(a). Each such Company Additional Written Communication, when taken together with the Pricing Disclosure Package, did not, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company this representation, warranty and the Guarantors make no representation or warranty with respect agreement shall not apply to any statements in or omissions made in from each such Company Additional Written Communication made in reliance upon and in conformity with information relating to any Initial Purchaser furnished to the Company in writing by any Initial Purchaser through the Representative Barclays Capital Inc. expressly for inclusion thereinuse in any Company Additional Written Communication.

Company Additional Written Communications. The Neither the Company (including its agents and representatives, other than the Initial Purchasers in their capacity as such) nor any Guarantor has not prepared, made, used, authorized, approved or referred distributed, or directed their agents or representatives to do any of the foregoing, and neither the Company nor any Guarantor will not prepare, make, use, authorize, approve or refer to distribute any written communication that constitutes an offer to sell or solicitation of an offer to buy the Securities (each such communication by the Company or its agents and representatives (other than a communication referred to in clauses (i), (ii) and (iii) below) a “Company Additional Written Communication”) other than (i) the Pricing Disclosure Package, (ii) the Final Offering Memorandum and (iii) any electronic road show or other written communications, in each case used in accordance with Section 3(a). Each such communication by the Company and the Guarantors or their agents and representatives pursuant to clause (iii) of the preceding sentence (each, a “Company Additional Written Communication”), when taken together with the Pricing Disclosure Package, did notnot as of the Time of Sale, and at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company this representation, warranty and the Guarantors make no representation or warranty with respect agreement shall not apply to any statements in or omissions made in from each such Company Additional Written Communication made in reliance upon and in conformity with information relating to any Initial Purchaser furnished to the Company in writing by any Initial Purchaser through the Representative expressly for inclusion thereinuse in any Company Additional Written Communication.

Company Additional Written Communications. The Company (including its agents and representatives, other than the Initial Purchasers in their capacity as such) has not prepared, made, used, authorized, approved or referred to distributed and will not prepare, make, use, authorize, approve or refer to distribute any written communication that constitutes an offer to sell or solicitation of an offer to buy the Securities (each such communication by the Company or its agents and representatives (other than a communication referred to in clauses (i), (ii) and (iii) below) a “Company Additional Written Communication”) Notes other than (i) the Pricing Disclosure Package, (ii) the Final Offering Memorandum and (iii) any electronic road show or other written communications, in each case used in accordance with Section 3(a). Each such communication by the Company or its agents and representatives pursuant to clause (iii) of the preceding sentence (each, a “Company Additional Written Communication”), when taken together with the Pricing Disclosure Package, did notnot as of the Time of Sale, and and, when taken together with the Final Offering Memorandum (as amended and/or supplemented in accordance with Section 3(a), as applicable), at the Closing Date will not, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that the Company this representation, warranty and the Guarantors make no representation or warranty with respect agreement shall not apply to any statements in or omissions made in from each such Company Additional Written Communication or Pricing Disclosure Package made in reliance upon and in conformity with information relating to any Initial Purchaser furnished to the Company in writing by any Initial Purchaser through the Representative expressly for inclusion thereinuse in any Company Additional Written Communication or Pricing Disclosure Package.