Common use of The Offering Circular Clause in Contracts

The Offering Circular. The Offering Circular (including the documents incorporated therein by reference) does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. There is no fact which the Company has not disclosed herein or in the Offering Circular (including the documents incorporated therein by reference) nor any amendment or supplement thereto as of the date thereof and at all times subsequent thereto up to the Closing Date that, so far as the Company can now foresee, is reasonably likely to have a material adverse effect on the performance of obligations hereunder by the Company and its Initial Subsidiaries, considered as a whole, or on the business, operations, financial condition, assets, liabilities or prospects of the Company and its Initial Subsidiaries taken as a whole.