Common use of Parent SEC Documents Clause in Contracts

Parent SEC Documents. Parent has furnished or made available to the Company, Indemnifying Officer and Securityholder Representative a correct and complete copy of Parent's Annual Report on Form 10-KSB filed with the SEC with respect to the fiscal year ended September 30, 2006, and Parent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended June 30, 2006, (the "Form 10-QSB"), and registration statement filed on Form 8-K filed by Parent with the SEC on or after the date of filing of the Form 10-QSB, which are all the documents that Parent was required to file (or otherwise did file) with the SEC in accordance with Sections 13, 14 and 15(d) of the Securities Exchange Act on or after the date of filing with the SEC of the Form SB-2 (as amended, the "Parent SEC Documents"). As of their respective filing dates, or in the case of the Form SB-2 registration statement, their respective effective times, none of the Parent SEC Documents (including all exhibits and schedules thereto and documents incorporated by reference therein) contained any untrue statement of a material fact or omitted 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, and the Parent SEC Documents complied when filed, or in the case of registration statements, as of their respective effective times, in all material respects with the then applicable requirements of the Securities Act or the Securities Exchange Act, as the case may be, and the rules and regulations promulgated by the SEC thereunder.

Parent SEC Documents. (a) Parent has furnished or made available to the Company, Indemnifying Officer or the Electronic Data Gathering, Analysis and Securityholder Representative Retrieval (XXXXX) database of the SEC contains in a correct publicly available format, accurate and complete copy copies of Parent's Annual Report on Form 10-KSB all registration statements, definitive proxy statements and other statements, reports, schedules, forms and other documents (and all amendments or supplements thereto excluding exhibits thereto) filed with the SEC with respect to the fiscal year ended September 30, 2006, and Parent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended June 30, 2006, (the "Form 10-QSB"), and registration statement filed on Form 8-K filed or furnished by Parent with the SEC on since December 30, 2007 (the “Parent SEC Documents”). All statements, reports, schedules, forms and other documents required to have been filed or after furnished by Parent with the SEC since December 30, 2007 have been so filed or furnished. As of the time it was filed with or furnished to the SEC CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 60 (or, if amended, supplemented or superseded by a filing prior to the date of filing this Agreement, then on the date of such filing): (i) each of the Form 10-QSB, which are Parent SEC Documents complied in all the documents that Parent was required to file (or otherwise did file) material respects with the SEC in accordance with Sections 13, 14 and 15(d) applicable requirements of the Securities Act or the Exchange Act on or after the date of filing with the SEC of the Form SB-2 (as amended, the "Parent SEC Documents"). As of their respective filing dates, or in the case of the Form SB-2 registration statement, their respective effective times, may be); and (ii) none of the Parent SEC Documents (including all exhibits and schedules thereto and documents incorporated by reference therein) contained any untrue statement of a material fact or omitted 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, and the Parent SEC Documents complied when filed, or in the case of registration statements, as of their respective effective times, in all material respects with the then applicable requirements of the Securities Act or the Securities Exchange Act, as the case may be, and the rules and regulations promulgated by the SEC thereunder.

Parent SEC Documents. Parent has furnished filed or made available to the Companyfurnished, Indemnifying Officer as applicable, all required reports, schedules, forms, statements and Securityholder Representative a correct other documents (including exhibits and complete copy of Parent's Annual Report on Form 10-KSB filed with the SEC with respect to the fiscal year ended September 30, 2006, and Parent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended June 30, 2006, (the "Form 10-QSB"), and registration statement filed on Form 8-K filed by Parent with the SEC on or after the date of filing of the Form 10-QSB, which are all the documents that Parent was required to file (or otherwise did fileother information incorporated therein) with the SEC in accordance with Sections 13required to be filed or furnished by it since September 27, 14 and 15(d) of the Securities Exchange Act on or after the date of filing with the SEC of the Form SB-2 2000 (as amendedcollectively, the "“Parent SEC Documents"”). As of their respective filing dates, the Parent SEC Documents complied in all material respects with the requirements of the Securities Act or in the Exchange Act, as the case may be, and the rules and regulations of the Form SB-2 registration statementSEC promulgated thereunder applicable to such Parent SEC Documents, their respective effective times, and none of the Parent SEC Documents (including all exhibits and schedules thereto and documents incorporated by reference therein) at the time it was filed contained any untrue statement of a material fact or omitted 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. Except to the extent that information contained in any Parent SEC Document has been revised or superseded by a later-filed Parent SEC Document, and none of the Parent SEC Documents complied when filed, contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the case of registration statements, as of their respective effective timesstatements therein, in all material respects with the then applicable requirements light of the Securities Act or the Securities Exchange Actcircumstances under which they were made, as the case may be, and the rules and regulations promulgated by the SEC thereundernot misleading.

Parent SEC Documents. Parent has 39 All reports, schedules, forms, statements and other documents (including financial statements and exhibits) required to be filed or furnished or made available to the Company, Indemnifying Officer and Securityholder Representative a correct and complete copy of Parent's Annual Report on Form 10-KSB filed with the SEC with respect to the fiscal year ended September 30, 2006, and Parent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended June 30, 2006, (the "Form 10-QSB"), and registration statement filed on Form 8-K filed by Parent with the SEC under the Exchange Act or Securities Act since January 1, 2021 (the “Parent SEC Documents”) have been filed (or, to the extent permitted by applicable Law, furnished) by or on behalf of Parent with the SEC on a timely basis. As of the time it was filed with the SEC (or, if amended or after superseded, then on the date of filing such amended or superseding filing): (i) each of the Form 10-QSB, which are Parent SEC Documents complied in all the documents that Parent was required to file (or otherwise did file) material respects with the SEC in accordance with Sections 13, 14 and 15(d) applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act (as the case may be) and the applicable regulations promulgated thereunder and the listing requirements and corporate governance rules and regulations of the NYSE, each as in effect on or after the date of filing with the SEC of the Form SB-2 (as amended, the "such Parent SEC Documents"). As of their respective filing dates, or in the case of the Form SB-2 registration statement, their respective effective times, Document was filed; and (ii) none of the Parent SEC Documents (including all exhibits and schedules thereto and documents any financial statements included or incorporated by reference therein) contained any untrue statement of a material fact or omitted 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, and the Parent SEC Documents complied when filed, or in the case of registration statements, as of their respective effective times, in all material respects with the then applicable requirements of the Securities Act or the Securities Exchange Act, as the case may be, and the rules and regulations promulgated by the SEC thereunder.

Parent SEC Documents. (a) Parent has furnished or made available to the Company, Indemnifying Officer and Securityholder Representative a correct and complete copy of Parent's Annual Report on Form 10-KSB timely filed with the SEC with respect to (including following any extensions of time for filing provided by Rule 12b-25 promulgated under the fiscal year ended September 30Exchange Act) each report, 2006schedule, and Parent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended June 30, 2006, (the "Form 10-QSB"), and registration statement filed on Form 8-K filed by Parent with the SEC on or after the date of filing of the Form 10-QSB, which are all the documents and proxy statement that Parent was required to file (or otherwise did file) with the SEC in accordance with Sections 13since April 4, 14 and 15(d) of the Securities Exchange Act on or after the date of filing with the SEC of the Form SB-2 2011 (as amendedsuch documents, the "“Parent SEC Documents"”). As of their respective filing datesAt the time they were filed, or in if amended or restated, at the case time of the Form SB-2 registration statementsuch later amendment or restatement, their respective effective times, none of the Parent SEC Documents (including i) complied in all exhibits material respects with the requirements of the Securities Act, the Exchange Act, as the case may be, and schedules thereto the rules and documents incorporated by reference thereinregulations of the SEC promulgated thereunder, and, to the extent in effect and applicable, the Xxxxxxxx-Xxxxx Act, and (ii) contained did not contain any untrue statement of a material fact or omitted omits 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. Parent has made available to the Company true and complete copies of all comment letters received by Parent from the SEC since April 4, 2011, together with all written responses of Parent thereto. As of the date hereof, to the Knowledge of Parent, there are no outstanding or unresolved comments in such comment letters and none of the Parent SEC Documents complied when filed, or in is the case subject of registration statements, as of their respective effective times, in all material respects with the then applicable requirements of the Securities Act or the Securities Exchange Act, as the case may be, and the rules and regulations promulgated any ongoing review by the SEC thereunderSEC.

Parent SEC Documents. Parent has furnished or made available to the Company, Indemnifying Officer and Securityholder Representative a correct and complete copy of Parent's Annual Report on Form 10-KSB filed with the SEC with respect to the fiscal year ended September December 30, 2006, and Parent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended June 30March 31, 20062007, (the "Form 10-QSB"), and registration information statement filed on Form 14A on April 30, 2007 and Form 8-K Ks filed May 7, 2007 and May 24, 2007, filed by Parent with the SEC on or after the date of filing of the Form 10-QSBSEC, which are all the documents that Parent was required to file (or otherwise did file) with the SEC in accordance with Sections 13, 14 and 15(d) of the Securities Exchange Act on or after the date of filing with the SEC of the Form SB-2 (as amended, the "Parent SEC Documents"). As of their respective filing dates, or in the case of the Form SB-2 registration statement, their respective effective times, none of the Parent SEC Documents (including all exhibits and schedules thereto and documents incorporated by reference therein) contained any untrue statement of a material fact or omitted 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, and the Parent SEC Documents complied when filed, or in the case of registration statements, as of their respective effective times, in all material respects with the then applicable requirements of the Securities Act or the Securities Exchange Act, as the case may be, and the rules and regulations promulgated by the SEC thereunder. To Parent's knowledge there is no Person required to file a Schedule 13D or Form 3 by virtue of having beneficial ownership of more than 5% of Parent' s Common Stock who has not made such a filing.