Common use of Prior to effectiveness of the Exchange Clause in Contracts

Prior to effectiveness of the Exchange. Offer Registration Statement, the Company shall provide a supplemental letter to the Commission (A) stating that the Company is registering the Exchange Offer in reliance on the position of the Commission enunciated in Exxon Capital Holdings Corporation (available May 13, 1988), ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and Co., Inc. (available June 5, 1991) and, if applicable, any no-action letter obtained pursuant to clause (i) above and (B) including a representation that the Company has not entered into any arrangement or understanding with any Person to distribute the New Preferred Stock or the New Exchange Notes, as applicable, to be received in the Exchange Offer and that, to the best of the Company's information and belief, each Holder participating in the Exchange Offer is acquiring the New Preferred Stock or the New Exchange Notes, as applicable, in its ordinary course of business and has no arrangement or understanding with any Person to participate in the distribution of the New Preferred Stock or the New Exchange Notes, as applicable, received in the Exchange Offer and (C) any other undertaking or representation required by the Commission as set forth in any no-action letter obtained pursuant to clause (i) above, if applicable.

Prior to effectiveness of the Exchange. Offer Registration Statement, the Company Issuers shall provide a supplemental letter to the Commission (A) stating that the Company is Issuers are registering the Exchange Offer in reliance on the position of the Commission enunciated in Exxon Capital Holdings Corporation (available May 13, 1988), . ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and Co., Inc. (available June 5, 1991) and, if applicable, any no-action letter obtained pursuant to clause (i) above and (B) including a representation that neither the Company nor any Guarantor has not entered into any arrangement or understanding with any Person to distribute the New Preferred Stock or the New Exchange Notes, as applicable, Securities to be received in the Exchange Offer and that, that to the best of the Company's information and beliefbelief (subject to information provided to the Issuers by the Holders or the holders of the Old Notes), each Holder or holder of the Old Notes participating in the Exchange Offer is acquiring the New Preferred Stock or the New Exchange Notes, as applicable, Securities in its ordinary course of business and has no arrangement or understanding with any Person to participate in the distribution of the New Preferred Stock or the New Exchange Notes, as applicable, Securities received in the Exchange Offer and (C) any other undertaking or representation required by the Commission as set forth in any no-action letter obtained pursuant to clause (i) above, if applicableOffer.