Common use of Delivery of SEC Filings; Business Clause in Contracts

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s most recent Annual Report on Form 40-F for the fiscal year ended December 31, 2014 (as amended prior to the date hereof, the “40-F”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 4 contracts

Samples: Purchase Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp), Subscription Agreement (Sphere 3D Corp)

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Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s most recent Annual Report on Form 4010-F K for the fiscal year ended December 31, 2014 2008 (as amended prior to the date hereof, the “4010-FK”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7the initial filing of the 10-K and prior to the date hereof (each as it may have been amended prior to the date hereof, 2014 (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Purchase Agreement (Axion Power International, Inc.)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s most recent Amendment No. 1 to the Annual Report on Form 4010-F KSB for the fiscal year ended December 31, 2014 2006 (as amended prior to the date hereof, the “4010-FKSB/A”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the 10-KSB/A and prior to the date hereof (collectively, the “SEC Filings”). The Except as indicated in the SEC Filings, the SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Securities Purchase Agreement (China Sky One Medical, Inc.)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX EDGAR system, true and complete copies of the Company’s most recent Annual Anxxxx Report on Form 4010-F K for the fiscal year ended December 31, 2014 2010 (as amended prior to by the date hereofForm 10-K/A filed on April 4, 2011 and by the Form 10-K/A filed on June 24, 2011, the “4010-FK”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the 10-K and prior to the date hereof (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Except as set forth on Schedule 4.6, the Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a wholeFilings.

Appears in 1 contract

Samples: Purchase Agreement (Remark Media, Inc.)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX EXXXX system, true and complete copies of the Company’s most recent Annual Report on Form 4010-F K for the fiscal year ended December March 31, 2014 2012 (as amended prior to by the date hereofForm 10-K/A filed with the SEC on July 30, 2012, the “4010-FK”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the 10-K and prior to the date hereof (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a wholeFilings.

Appears in 1 contract

Samples: Purchase Agreement (Selectica Inc)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s most recent Annual Report Registration Statement on Form 408-F A dated as of September 26, 2005 (“Form 8-A”), Form 10-K for the fiscal year ended December 31, 2014 2006 (as amended prior to the date hereof, the 40Form 10-FK”), and all other reports reports, registration statements and prospectuses filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 under the 1933 Act and 15(d) of the 1934 Act since July 7January 1, 2014 2006 through the date hereof (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1933 Act and 1934 Act for such period. The Company and its Subsidiaries are is engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a wholeCompany.

Appears in 1 contract

Samples: Purchase Agreement (Avalon Pharmaceuticals Inc)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s most recent Annual Report on Form 40-F for the fiscal year ended December 31, 2014 2015 (as amended prior to the date hereof, the “40-F”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Purchase Agreement (Sphere 3D Corp)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s most recent Annual Report on Form 4010-F K for the fiscal year ended December 31, 2014 2009 (as amended prior to the date hereof, the “4010-FK”), and all other reports filed or furnished by the Company Company, including without limitation the Current Report on Form 8-K filed on May 13, 2010, as amended on May 25, 2010, pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the 10-K and prior to the date hereof (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The During such period, the Company and its Subsidiaries are Subsidiary engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain contained a complete and accurate description in all material respects of the business of the Company and its SubsidiariesSubsidiary, taken as a whole, as of the date of each SEC Filing.

Appears in 1 contract

Samples: Securities Purchase Agreement (First Blush Brands, Inc.)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX systemSEC’s Electronic Data Gathering and Retrieval System (“XXXXX”), true and complete copies of the Company’s most recent Annual Report on Form 4010-F K for the fiscal year ended December 31September 30, 2014 2004 (as amended prior to the date hereof, the “4010-FK”), and all other reports filed or furnished by the Company with the SEC pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the 10-K and prior to the date hereof and/or each applicable Closing date (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such periodperiods. The Company and its Subsidiaries the Subsidiary are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiariesthe Subsidiary, taken as a whole.

Appears in 1 contract

Samples: Purchase Agreement (Aeolus Pharmaceuticals, Inc.)

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Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s most recent Annual Report on Form 4010-F K for the fiscal year ended December 31, 2014 2010 (as amended prior to the date hereof, the “4010-FK”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the 10-K and during the twelve (12) months preceding the date hereof (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are is engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a wholeCompany.

Appears in 1 contract

Samples: Purchase Agreement (Viking Systems Inc)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s 's most recent Annual Report on Form 4010-F KSB for the fiscal year ended December 31June 30, 2014 2004 (as amended prior to the date hereof, the “40"10-F”KSB"), Quarterly Report on Form 10-QSB for the fiscal quarter ended September 30, 2004 and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the 10-KSB and prior to the date hereof (collectively, the "SEC Filings"). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Purchase Agreement (C-Chip Technologies Corp)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true true, correct and complete copies of the Company’s most recent Annual Report on Form 4010-F K for the fiscal year ended December 31, 2014 2012 (as amended prior to the date hereof, the “4010-FK”), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7the initial filing of the 10-K and prior to the date hereof (each as it may have been amended prior to the date hereof, 2014 (collectively, the “SEC Filings”). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Purchase Agreement (Lustros Inc.)

Delivery of SEC Filings; Business. The Company has made available to the Investors through the XXXXX system, true and complete copies of the Company’s 's most recent Annual Report on Form 40-F for the fiscal year ended December 31, 2014 2015 (as amended prior to the date hereof, the "40-F"), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 (collectively, the "SEC Filings"). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Purchase Agreement (MacFarlane Family Ventures, LLC)

Delivery of SEC Filings; Business. The Company has made available or shall make available, within twenty calendar days from the execution of this Agreement, to the Investors Investor through the XXXXX systemEDXXX xystem, true and complete copies of the Company’s 's most recent Annual Report on Form 40l0-F K for the its last fiscal year ended December 31, 2014 (as amended prior to the date hereof, the “40"10-F”K"), and all other reports filed or furnished by the Company pursuant to Sections 13(a), 13(e), 14 and 15(d) of the 1934 Act since July 7, 2014 the filing of the l0-K and prior to the date hereof (collectively, the "SEC Filings"). The SEC Filings are the only filings required of the Company pursuant to the 1934 Act for such period. The Company and its Subsidiaries are engaged in all material respects only in the business described in the SEC Filings and the SEC Filings contain a complete and accurate description in all material respects of the business of the Company and its Subsidiaries, taken as a whole.

Appears in 1 contract

Samples: Securities Purchase Agreement (Guided Therapeutics Inc)

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