Common use of Liquidity and Capital Resources Clause in Contracts

Liquidity and Capital Resources. (A) The section entitled Operating and Financial Review and Prospects—Liquidity and Capital Resources” in the Company’s Annual Report, as updated by the Prospectus, accurately and fully describes all material trends, demands, commitments, events, uncertainties and risks, and the potential effects thereof, that the Company believes would materially affect liquidity and are reasonably likely to occur, and (B) neither the Company nor any Subsidiary is engaged in any transactions with, or have any obligations to, its unconsolidated entities (if any) that are contractually limited to narrow activities that facilitate the transfer of or access to assets by the Company or such Subsidiary, including, without limitation, structured finance entities and special purpose entities, or otherwise engage in, or have any obligations under, any off-balance sheet transactions or arrangements. As used herein in this Section 1(a)(xxxii), the phrase “reasonably likely” refers to a disclosure threshold lower than “more likely than not.”

Liquidity and Capital Resources. (A) The section entitled Operating “Management’s Discussion and Analysis of Financial Review Condition and ProspectsResults of Operations—Liquidity and Capital Resources” in the Company’s Annual Report, as updated by the Prospectus, Prospectus accurately and fully describes describes: (A) all material trends, demands, commitments, events, uncertainties and risks, and the potential effects thereof, that the Company believes would materially affect liquidity and are reasonably likely to occur, and (B) neither none of the Company nor any Subsidiary or its subsidiaries is engaged in any transactions with, or have any obligations to, its unconsolidated entities (if any) that are contractually limited to narrow activities that facilitate the transfer of or access to assets by the Company or such Subsidiaryits subsidiaries, including, without limitation, structured finance entities and special purpose entities, or otherwise engage in, or have any obligations under, any off-balance sheet transactions or arrangements. As used herein in this Section 1(a)(xxxii1(a)(xxxvii), the phrase “reasonably likely” refers to a disclosure threshold lower than “more likely than not.”

Liquidity and Capital Resources. (A) The section entitled Operating “Management’s Discussion and Analysis of Financial Review Condition and ProspectsResults of Operations—Liquidity and Capital Resources” in the Company’s Annual Report, as updated by the Prospectus, Prospectus accurately and fully describes describes: (A) all material trends, demands, commitments, events, uncertainties and risks, and the potential effects thereof, that the Company believes would materially affect liquidity and are reasonably likely to occur, and (B) neither none of the Company nor any Subsidiary or its subsidiaries or consolidated entities is engaged in any transactions with, or have any obligations to, its unconsolidated entities (if any) that are contractually limited to narrow activities that facilitate the transfer of or access to assets by the Company or such Subsidiaryits subsidiaries or consolidated entities , including, without limitation, structured finance entities and special purpose entities, or otherwise engage in, or have any obligations under, any off-balance sheet transactions or arrangements. As used herein in this Section 1(a)(xxxii1(a)(xli), the phrase “reasonably likely” refers to a disclosure threshold lower than “more likely than not.”

Liquidity and Capital Resources. (A) The section entitled Operating “Management’s Discussion and Analysis of Financial Review Condition and ProspectsResults of Operations—Liquidity and Capital Resources” in the Company’s Annual Report, as updated by the Prospectus, Prospectus accurately and fully describes describes: (A) all material trends, demands, commitments, events, uncertainties and risks, and the potential effects thereof, that the Company believes would materially affect liquidity and are reasonably likely to occur, and (B) neither none of the Company nor any Subsidiary or its subsidiaries is engaged in any transactions with, or have any obligations to, its unconsolidated entities (if any) that are contractually limited to narrow activities that facilitate the transfer of or access to assets by the Company or such Subsidiaryits subsidiaries, including, without limitation, structured finance entities and special purpose entities, or otherwise engage in, or have any obligations under, any off-balance sheet transactions or arrangements. As used herein in this Section 1(a)(xxxii1(a)(xxxv), the phrase “reasonably likely” refers to a disclosure threshold lower than “more likely than not.”