Common use of Recent Developments Clause in Contracts

Recent Developments. The adjusted EBITDA ranges for the fiscal year ending March 31, 2012 included in the Time of Sale Information and the Offering Memorandum (exclusive of any amendment or supplement thereto) under the heading “Summary—Recent Developments — Certain preliminary information for the full fiscal year ending March 31, 2012” were determined by the Company with a reasonable basis and in good faith. Nothing has come to the attention of the Company that has caused it to believe that the actual adjusted EBITDA amounts for the fiscal year ending March 31, 2012 will be materially different from the ranges disclosed in the Time of Sale Information and the Offering Memorandum (exclusive of any amendment or supplement thereto). Any certificate signed by an officer of the Company or any Guarantor and delivered to the Initial Purchasers or to counsel for the Initial Purchasers in connection with the transactions contemplated by this Agreement shall be deemed to be a representation and warranty by the Company or such Guarantor to the Initial Purchasers as to the matters set forth therein.