![]() Pricing Prospectus means the Preliminary Prospectus, if any, and the Base Prospectus, each as amended and supplemented immediately prior to the Applicable Time, including any document incorporated by reference therein and any prospectus supplement deemed to be a part thereof.įinal Memorandum means the offering memorandum, dated August 1, 2006, relating to the Securities, including any and all exhibits thereto and any information incorporated by reference therein as of such date. ![]() Preliminary Offering Memorandum This term has the meaning set forth in Section 2(d) hereof. ![]() The Company hereby confirms its agreements with the Initial Purchasers as follows:Ĭlosing Memorandum means the form of closing memorandum to be prepared by Apple for the Closing under this Agreement in which are included the forms of certificates of officers, the opinions of counsel and certain other documents to be delivered at the Closing as provided in Article VII. Offering Memorandum means the preliminary offering memorandum dated Decemas supplemented by the related pricing term sheet dated Decemrelating to the offering and sale of the Notes.įinal Offering Memorandum shall be deemed to mean and include all information filed under the Securities Exchange Act of 1934 (as amended, the “Exchange Act,” which term, as used herein, includes the rules and regulations of the Commission promulgated thereunder) prior to the Time of Sale and incorporated by reference in the Pricing Disclosure Package (including the Preliminary Offering Memorandum) or the Final Offering Memorandum (as the case may be), and all references herein to the terms “amend,” “amendment” or “supplement” with respect to the Final Offering Memorandum shall be deemed to mean and include all information filed under the Exchange Act after the Time of Sale and incorporated by reference in the Final Offering Memorandum.
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