Common use of Representations, Warranties and Agreements of the Transaction Entities Clause in Contracts

Representations, Warranties and Agreements of the Transaction Entities. Each of the Transaction Entities, jointly and severally, represents and warrants to, and agrees with, each of the Underwriters that: (a) A registration statement on Form S-3 (No. 333-120692 (the "2005 Registration Statement")) which also constitutes a post-effective amendment to a previous registration statement No. 333-65592 (the "2001 Registration Statement") pursuant to Rule 429 of the United States Securities Act

Representations, Warranties and Agreements of the Transaction Entities. Each of the Transaction Entities, jointly and severally, represents and represents, warrants to, and agrees withthat, each as of the Underwriters thatdate hereof: (a) A registration statement Registration statements on Form S-3 (NoNos. 33333-120692 94782 (the "2005 1995 Registration Statement") and 333-22211 (the "1997 Registration Statement")), and any amendments thereto, with respect to the Shares have (i) which also constitutes a post-effective amendment to a previous registration statement No. 333-65592 (been prepared by the "2001 Registration Statement") pursuant to Rule 429 Company in conformity with the requirements of the United States Securities Act