Common use of Information Provided Clause in Contracts

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 1997 (the "1997 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1998 (as amended on Form 10-QSB/A), June 30, 1998 and September 30, 1998, (3) definitive proxy statement for the Company's 1998 Annual Meeting of Shareholders held on March 12, 1998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares Price Guarantee Rights which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without . Without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 1997 (the "1997 10-K")1996, (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1998 (as amended on Form 10-QSB/A), June 30, 1998 30 and September 30, 19981997, (3) definitive proxy statement for the Company's 1998 Annual Meeting of Shareholders held on March 12, 1998 and (4) Current Reports Report on Form 8-K dated December 9, 1997, and 8(4) Amendment No. 1 to the Company's Registration Statement on Form S-3 (Registration No. 333-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 1998, in each case as 42129) (the "Company Registration Statement") filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involves involve a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31January 2, 1997 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A (the "1997 1998 10-K"), (2) Quarterly Reports on Form 10-Q QSB for the fiscal quarters ended March 31April 3, 1998 1999 and July 3, 1999, (as amended 3) Current Reports on Form 108-QSB/A)K, June 30dated December 28, 1998 and September 30January 8, 1998, 1999 and (34) definitive proxy statement for the Company's 1998 1999 Annual Meeting of Shareholders held on March May 12, 1998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 19981999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31January 2, 1997 1999 (as amended by Amendment No. 1 thereto on Form 10-KSB/A) (the "1997 1998 10-K"), (2) Quarterly Reports on Form 10-Q QSB for the fiscal quarters ended March 31April 3, 1998 1999, July 3, 1999 and October 2, 1999 (as amended by Amendment No. 1 thereto on Form 10-QSB/A), June 30(3) Current Reports on Form 8-K, 1998 and September 30dated December 28, 1998, January 8, 1999 and September 17, 1999 and (34) definitive proxy statement for the Company's 1998 1999 Annual Meeting of Shareholders held on March May 12, 1998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 19981999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Common Shares and the issuance of the Warrants and the offer of the Common Warrant Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31, 1997 1998 (the "1997 1998 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1998 (as amended on Form 10-QSB/A)1999, June 30, 1998 1999 and September 30, 19981999, (3) definitive proxy statement for the Company's 1998 1999 Annual Meeting of Shareholders held on March 12June 24, 1998 1999 and (4) Current Reports on Form 8-K filed June 28, July 1, July 8, July 19, August 26, August 30, September 14, September 15, 1999 and December 6, 1999 and on Form 8-K/A filed June 11, 1998April 19, July 141, 1998July 12 and November 15, August 19, 1998, August 24, 1998 and December 7, 19981999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Note and the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 1997 1997, as amended by Amendment No. 1 thereto on Form 10-K/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1997 10-K"), (2) Quarterly Reports on Form 10-10- Q for the fiscal quarters ended September 30, 1997, December 31, 1997 and March 31, 1998 (as amended on Form 10-QSB/A), June 30, 1998 and September 30, 1998, (3) definitive proxy statement for the Company's 1998 1997 Annual Meeting of Shareholders Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on March 12June 30, 1998 1998, and (45) Current Reports on Form 8-K and 8-K/A filed June 11dated July 10, 19981997, July 1423, 1998, August 19, 1998, August 24, 1998 1997 and December 7March 10, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 1997 1999 (the "1997 1999 10-K"), (2) Quarterly Reports Report on Form 10-Q for the fiscal quarters quarter ended March 31, 1998 (as amended on Form 10-QSB/A), June 30, 1998 and September 30, 19981999, and (3) definitive proxy statement for the Company's 1998 1999 Annual Meeting of Shareholders to be held on March 12December 10, 1998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 19981999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares Note and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 1997 1997, as amended by Amendment No. 1 thereto on Form 10-K/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1997 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended September 30, 1997, December 31, 1997 and March 31, 1998 (as amended on Form 10-QSB/A), June 30, 1998 and September 30, 1998, (3) definitive proxy statement for the Company's 1998 1997 Annual Meeting of Shareholders Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on March 12June 30, 1998 1998, and (45) Current Reports on Form 8-K and 8-K/A filed June 11dated July 10, 19981997, July 1423, 1998, August 19, 1998, August 24, 1998 1997 and December 7March 10, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the BuyItNow Warrants and the offer of the Common Shares and the BuyItNow Interests which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December March 31, 1997 1999 (the "1997 1999 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1998 (as amended on Form 10-QSB/A), June 30, 1998 and 1999, September 30, 19981999 and December 31, 1999, (3) Current Reports on Form 8-K filed September 9, 1999 and October 1, 1999, and (4) definitive proxy statement for the Company's 1998 Annual Meeting of Shareholders Stockholders held on March 12January 20, 1998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 19982000, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31, 1997 1996 (the "1997 1996 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1998 (as amended on Form 10-QSB/A)1997, June 30, 1998 1997 and September 30, 19981997, (3) definitive proxy statement for the Company's 1998 1997 Annual Meeting of Shareholders held on March 12, 1998 and (4) Current Reports on Form 8-K and dated October 16, 1997, October 28, 1997 (as amended by Amendment No. 1 thereto on Form 8-K/A filed June 11A) and November 3, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 19981997, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Initial Preferred Shares and the issuance of the Warrants Warrant and the offer of the Common Shares and the Additional Preferred Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received complete and satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 1997 1996 (the "1997 1996 10-K"), (2) Quarterly Reports Report on Form 10-Q QSB for the fiscal quarters quarter ended March 31, 1998 1997 (as amended on Form the "March 31 10-QSB/AQ), June 30, 1998 and September 30, 1998, (3) definitive Current Report on Form 8-K dated March 18, 1997 and (4) proxy statement for the Company's 1998 1996 Annual Meeting of Shareholders held on March 12, 1998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 1998Meeting, in each case as filed with the SEC (collectively, the "SEC Reports")) and a draft of the Quarterly Report on Form 10-QSB for the fiscal quarter ended June 30, 1997; and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Initial Preferred Shares and the issuance of the Warrants Warrant and the offer of the Common Shares and the Additional Preferred Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received complete and satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 1997 1996 (the "1997 1996 10-K"), (2) Quarterly Reports Report on Form 10-Q 10QSB for the fiscal quarters quarter ended March 31, 1998 1997 (as amended on Form the "March 31 10-QSB/AQ), June 30, 1998 and September 30, 1998, (3) definitive Current Report on Form 8-K dated March 18, 1997 and (4) proxy statement for the Company's 1998 1996 Annual Meeting of Shareholders held on March 12, 1998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 1998Meeting, in each case as filed with the SEC (collectively, the "SEC Reports"); ) and a draft of the Quarterly Report on Form 1O-QSB for the fiscal quarter ended June 30, 1997, and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Note and the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 1997 1997, as amended by Amendment No. 1 thereto on Form 10-K/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1997 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended September 30, 1997, December 31, 1997 and March 31, 1998 (as amended on Form 10-QSB/A), June 30, 1998 and September 30, 1998, (3) definitive proxy statement for the Company's 1998 1997 Annual Meeting of Shareholders Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on March 12June 30, 1998 1998, and (45) Current Reports on Form 8-K and 8-K/A filed June 11dated July 10, 19981997, July 1423, 1998, August 19, 1998, August 24, 1998 1997 and December 7March 10, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;