Either (a) on the date that is the Business Day following HSR Clearance Assembly shall deliver to Allergan representations and warranties under Section 11.2 that are identical to such representations and warranties delivered as of the Execution Date or (b) on the date that is two (2) Business Days following HSR Clearance, Assembly shall deliver to Allergan representations and warranties under Section 11.2 that are identical to such representations and warranties delivered as of the Execution Date, except for any supplement or amendment to such representations and warranties with respect to any event, condition, fact or circumstance occurring after the Execution Date that, if existing or occurring on or prior to the Execution Date, would have been required to be set forth or described in such representations and warranties as of the Execution Date, or that is necessary to correct or modify any information in such representations and warranties that has been rendered inaccurate by an event, condition, fact or circumstance occurring after the Execution Date. If Assembly does not deliver representations and warranties under the foregoing clause (a) or (b), Assembly shall be deemed to have delivered to Allergan on the date that is two (2) Business Days following HSR Clearance representations and warranties under Section 11.2 that are identical to such representations and warranties delivered as of the Execution Date.