Common use of Representations and Warranties of the Company and the Selling Shareholders Clause in Contracts

Representations and Warranties of the Company and the Selling Shareholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-46349) relating to the Offered Securities, including a form of prospectus, has been filed with the Securities and Exchange Commission (the "Commission") and either (A) has been declared effective under the Securities Act of 1933, as amended (the "Act"), and is not proposed to be amended or (B) is proposed to be amended by amendment or post-effective amendment. If such registration statement (the

Representations and Warranties of the Company and the Selling Shareholders. (a) The Company represents and warrants to, and agrees with, the several Underwriters that: (i) A registration statement (No. 333-46349122571) relating to the Offered Securities, including a form of prospectus, prospectus (the "INITIAL REGISTRATION STATEMENT") has been filed with the Securities and Exchange Commission (the "CommissionCOMMISSION") and either (A) has been declared effective under the Securities Act of 1933, as amended 1933 (the "ActACT"), ) and either (A) is not proposed to be amended or (B) is proposed to be amended by amendment or post-effective amendment. If such registration statement Either (theA)