Common use of Statutory Prospectus Clause in Contracts

Statutory Prospectus. At the Execution Time, the Statutory Prospectus and each "road show" as defined in Rule 433(h) of the Act when taken together as a whole with the Statutory Prospectus and any individual Written Testing-the-Waters Communication (as defined below), when taken together as a whole with the Statutory Prospectus, do not, and, on the Closing Date or any settlement date, will not contain any untrue statement of a material fact or 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; provided, however, that the Company makes no representations or warranties as to the information contained in or omitted from such road show, Testing the Water Communications or the Statutory Prospectus in reliance upon and in conformity with information furnished in writing to the Company by or on behalf of the Underwriter specifically for inclusion in the Statutory Prospectus, it being understood and agreed that the only such information furnished by or on behalf of the Underwriter consists of the information described as such in Section 8(b) hereof.