Under the Agreements, we expect that we will be able to be responsive and candid in responding to underwriters during the securities offering process. If we are requested to participate in oral due diligence discussions with underwriters, we should comply with all aspects of our Public Offering Review Program, as discussed in Section 10.2. In addition, we generally expect to be requested to issue a comfort letter to the underwriters in connection with any securities offering where we participate in oral due diligence discussions with them.2 However, the Agreements do not in any way affect our policies with respect to comfort letters to underwriters, nor do the Agreements in
any way change our potential liability with respect to such comfort letters.