Common use of Commission Documents, Financial Statements Clause in Contracts

Commission Documents, Financial Statements. The Company has provided to the Purchasers prior to the date hereof copies of the Form 10-K and Forms 10-Q for the fiscal periods ended March 31, 2001, June 30, 2001 and September 30, 2001, respectively. The Company has not provided to the Purchasers any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. The financial statements of the Company furnished to the Purchasers comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Company has provided to At the Purchasers prior to the date hereof copies time of the Form 10-K and Forms 10-Q for Closing the fiscal periods ended March 31Common Stock shall be registered pursuant to Section 12(b) or 12(g) of the Securities Exchange Act of 1934, 2001, June 30, 2001 and September 30, 2001, respectivelyas amended the "Exchange Act"). The Company has not provided to the Purchasers any material non-public information or other information which, according to applicable law, rule or regulation, should was required to have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. The financial statements of the Company furnished provided to the Purchasers comply (the "Financial Statements") were true and accurate and contain no misstatements of material fact, except as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect theretowould not have a Material Adverse Effect. Such financial statements Financial Statements have been prepared in accordance with United States generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements Financial Statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Company has provided to the Purchasers Purchaser prior to the date hereof copies of the its annual report on Form 10-K and Forms 10-Q KSB for the fiscal periods year ended March December 31, 2001, June 30, 2001 and September 30, 2001, respectively2000. The Company has not provided to the Purchasers Purchaser any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. The financial statements of the Company furnished to the Purchasers Purchaser comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Since July 27, 2023, the Company has provided timely filed all Commission Documents (giving effect to permissible extensions in accordance with Rule 12b-25 under the Purchasers prior to the date hereof copies of the Form 10-K and Forms 10-Q for the fiscal periods ended March 31, 2001, June 30, 2001 and September 30, 2001, respectivelyExchange Act). The Company has not provided to the Purchasers Purchaser any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. As of their respective filing dates, the Commission Documents complied in all material respects with the requirements of the Exchange Act and other federal, state and local laws, rules and regulations applicable to them, and, as of their respective dates, the Commission Documents did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company furnished to included in the Purchasers Commission Documents comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") GAAP applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Company has provided to the Purchasers Purchaser prior to the date hereof copies of the Form 10-K and Forms Form 10-Q for the fiscal periods period ended March 31, 2001, June 30, 2001 and September 30, 2001, respectively2002. The Company has not provided to the Purchasers Purchaser any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. The financial statements of the Company furnished to the Purchasers Purchaser comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Company has provided made available to the Purchasers through the SEC's Xxxxx site or otherwise prior to the date hereof (and by their signatures hereto, the Purchasers acknowledge that they have reviewed to their satisfaction) copies of the Company's (i) Form 10-K and Forms KSB for the year ended December 31, 1998, (ii) Form 10-Q KSB for the fiscal periods year ended December 31, 1999, (iii) Form 10-QSB for the quarter ended March 31, 20012000, June 30(iv) Registration Statements on Form S-3 (Registration Nos. 333-92685, 2001 333-92201, 333-30724 and 333-36944), (v) Current Report on Form 8-K filed January 4, 2000, and (vi) Definitive Proxy Statements filed September 3015, 20011999 and April 26, respectively. The Company has not provided to 2000 (collectively, -4- the Purchasers any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement"SEC Documents"). The financial statements of the Company furnished to the Purchasers comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Company has provided to the Purchasers prior to the date hereof copies of the its annual report on Form 10-K and Forms 10-Q KSB for the fiscal periods year ended March December 31, 2001, June 30, 2001 and September 30, 2001, respectively2000. The Company has not provided to the Purchasers any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. The financial statements of the Company furnished to the Purchasers comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Company has provided to the Purchasers prior to the date hereof copies of the its annual report on Form 10-K and Forms 10-Q KSB for the fiscal periods year ended December 31, 1999 and its quarterly reports for the fiscal quarters ended March 31, 2001, 2000 and June 30, 2001 and September 30, 2001, respectively2000. The Company has not provided to the Purchasers any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. The financial statements of the Company furnished to the Purchasers comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

Commission Documents, Financial Statements. The Company has provided to the Purchasers prior to the date hereof copies of the its annual report on Form 10-K and Forms 10-Q KSB for the fiscal periods year ended December 31, 1998, its quarterly reports for the fiscal quarters ended March 31, 20011999, June 30, 2001 and 1999, September 30, 20011999 and its Form SB-2, respectivelyas amended (the "Form SB-2), filed January 14, 2000 (all such documents are collectively referred to herein as the "SEC Documents"). The Company has not provided to the Purchasers any material non-public information or other information which, according to applicable law, rule or regulation, should have been disclosed publicly by the Company but which has not been so disclosed, other than with respect to the transactions contemplated by this Agreement. The financial statements of the Company furnished to the Purchasers comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles ("GAAP") applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the financial position of the Company and its subsidiaries as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).