Common use of Commission Filings; Financial Statements Clause in Contracts

Commission Filings; Financial Statements. (a) The Company has filed with the Securities and Exchange Commission (the "COMMISSION") and made available to the Purchaser or its representatives all forms, reports and documents required to be filed by the Company with the Commission since December 31, 1997 (collectively, the "COMPANY COMMISSION REPORTS"). The Company Commission Reports (i) at the time filed, complied in all material respects with the applicable requirements of the Securities Act of 1933, as amended, (the "SECURITIES ACT"), and the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), as the case may be, and (ii) did not at the time they were filed (or if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a material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 the light of the circumstances under which they were made, not misleading.

Commission Filings; Financial Statements. (a) The Company has filed with the Securities and Exchange Commission (the "COMMISSIONCommission") and made available to the Purchaser or and its representatives all forms, reports and documents required to be filed by the Company with the Commission since December 31, 1997 1999, including, without limitation, the registration statement on Form S-3 filed with the Commission on April 3, 2000 (collectively, the "COMPANY COMMISSION REPORTSCompany Commission Reports"). The Company Commission Reports (i) at the time filed, complied in all material respects with the applicable requirements of the Securities Act of 1933, as amended, (the "SECURITIES ACT"), and the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACTExchange Act"), as the case may beapplicable, and (ii) did not at the time they were filed (or if amended or superseded by a filing prior to the date of this Agreement, then on the date of such amending or superseding filing) contain any untrue statement of a material fact or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 the light of the circumstances under which they were made, not misleading.

Commission Filings; Financial Statements. (a) The Company has filed with the Securities and Exchange Commission (the "COMMISSIONCommission") and made available to the each Purchaser or its representatives all forms, reports and documents required to be filed by the Company with the Commission since December 31, 1997 1996 (collectively, the "COMPANY COMMISSION REPORTSCompany Commission Reports"). The Company Commission Reports (i) at the time filed, complied in all material respects with the applicable requirements of the Securities Act of 1933, as amended, (the "SECURITIES ACTSecurities Act"), and the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACTExchange Act"), as the case may be, and (ii) did not at the time they were filed (or if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) 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 the light of the circumstances under which they were made, not misleading.

Commission Filings; Financial Statements. (a) The Company Acquiror has filed with the Securities and Exchange Commission (the "COMMISSION") and made available to the Purchaser Target or its representatives all forms, reports and documents required to be filed by the Company Acquiror with the Commission since December 31January 1, 1997 (collectively, the "COMPANY ACQUIROR COMMISSION REPORTS"). The Company Acquiror Commission Reports (i) at the time filed, complied in all material respects with the applicable requirements of the Securities Act of 1933, as amended, (the "SECURITIES ACT"), and the Securities Exchange Act of 1934, as amended (the "EXCHANGE ACT"), as the case may be, and (ii) did not at the time they were filed (or if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a material fact required to be stated therein in such Acquiror Commission Reports or necessary in order to make the statements thereinin such Acquiror Commission Reports, in the light of the circumstances under which they were made, not misleading.