Common use of Public Disclosure Documents Clause in Contracts

Public Disclosure Documents. Buyer has made available to Sellers each registration statement, current report, periodic report and proxy statement filed by Buyer with the SEC since December 31, 2007, each in the form (including exhibits and any amendments thereto) filed with the SEC prior to the date hereof (collectively, the “Buyer Reports”), and Buyer has filed all forms, reports and documents required to be filed by it with the SEC pursuant to relevant securities Laws since such time. As of their respective dates, the Buyer Reports (i) were prepared in accordance with the applicable requirements of NYSE, the Securities Act, the Exchange Act, and the rules and regulations thereunder and complied with the then applicable accounting requirements and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except for such statements, if any, as have been modified or superseded by subsequent filings with the SEC prior to the date hereof. Each of the consolidated balance sheets included in or incorporated by reference into the Buyer Reports (including the related notes and schedule) fairly presents in all material respects the consolidated financial position of Buyer and its Subsidiaries as of its respective date and each of the consolidated statements of operations, cash flows and stockholders’ equity included in or incorporated by reference into the Buyer Reports (including any related notes and schedules) fairly presents in all material respects the results of operations, cash flows or changes in stockholders’ equity, as the case may be, of Buyer and its Subsidiaries for the periods set forth therein (subject, in the case of unaudited financial statements, to such exceptions as may be permitted by SEC Form 10-Q), in each case in accordance with U.S. generally accepted accounting principles consistently applied during the periods involved, except as may be noted therein, and except that the unaudited interim financial statements were or are subject to normal and recurring year-end adjustments which were not or are not expected to be material in amount or effect.

Public Disclosure Documents. (a) Buyer has made available to Sellers Seller each registration statement, current report, periodic report and proxy statement or information statement (other than preliminary materials) filed by Buyer with the SEC Securities and Exchange Commission (“SEC”) since December 31, 20072003, each in the form (including exhibits and any amendments thereto) filed with the SEC prior to the date hereof (collectively, the “Buyer Reports”), and Buyer has filed all forms, reports and documents required to be filed by it with the SEC pursuant to relevant securities Laws statutes, regulations, policies and rules since such time. As of their respective dates, the Buyer Reports (i) were prepared in accordance with the applicable requirements of NYSEthe American Stock Exchange, the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations thereunder and complied with the then applicable accounting requirements and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading, misleading except for such statements, if any, as have been modified or superseded by subsequent filings with the SEC prior to the date hereof. Each of the consolidated balance sheets included in or incorporated by reference into the Buyer Reports (including the related notes and scheduleschedules) fairly presents in all material respects the consolidated financial position of Buyer and its Subsidiaries subsidiaries as of its respective date and each of the consolidated statements of operations, cash flows and stockholders’ equity included in or incorporated by reference into the Buyer Reports (including any related notes and schedules) fairly presents in all material respects the results of operations, cash flows or changes in stockholders’ equity, as the case may be, of Buyer and its Subsidiaries subsidiaries for the periods set forth therein (subject, in the case of unaudited financial statements, to such exceptions as may be permitted by SEC Form 10l0-QQ of the SEC), in each case in accordance with U.S. generally accepted accounting principles GAAP consistently applied during the periods involved, except as may be noted therein, and except that the unaudited interim financial statements were or are subject to normal and recurring year-end adjustments which that were not or are not expected to be material in amount or effect.

Public Disclosure Documents. Buyer Purchaser has made available to Sellers Seller each registration statement, current report, periodic report and proxy statement or information statement (other than preliminary materials) filed by Buyer Purchaser with the SEC since December 31, 20072002, each in the form (including exhibits and any amendments thereto) filed with the SEC prior to the date hereof (collectively, the “Buyer Purchaser Reports”), and Buyer Purchaser has filed all forms, reports and documents required to be filed by it with the SEC pursuant to relevant securities Laws statutes, regulations, policies and rules since such time. As of their respective dates, the Buyer Purchaser Reports (i) were prepared in accordance with the applicable requirements of the NYSE, the Securities Act, the Exchange Act, and the rules and regulations thereunder and complied with the then applicable accounting requirements and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading, misleading except for such statements, if any, as have been modified or superseded by subsequent filings with the SEC prior to the date hereof. Each of the consolidated balance sheets included in or incorporated by reference into the Buyer Purchaser Reports (including the related notes and scheduleschedules) fairly presents in all material respects the consolidated financial position of Buyer Purchaser and its Subsidiaries as of its respective date and each of the consolidated statements of operations, cash flows and stockholdersshareholders’ equity included in or incorporated by reference into the Buyer Purchaser Reports (including any related notes and schedules) fairly presents in all material respects the results of operations, cash flows or changes in stockholdersshareholders’ equity, as the case may be, of Buyer Purchaser and its Subsidiaries for the periods set forth therein (subject, in the case of unaudited financial statements, to such exceptions as may be permitted by SEC Form 10-Q10 Q of the SEC), in each case in accordance with U.S. generally accepted accounting principles consistently applied during the periods involved, except as may be noted therein, and except that the unaudited interim financial statements were or are subject to normal and recurring year-end adjustments which were not or are not expected to be material in amount or effect.

Public Disclosure Documents. (a) Buyer has made available to Sellers each registration statement, current report, periodic report and proxy statement or information statement (other than preliminary materials) filed by Buyer with the SEC since December 31, 20072003, each in the form (including exhibits and any amendments thereto) filed with the SEC prior to the date hereof (collectively, the “Buyer Reports”), and Buyer has filed all forms, reports and documents required to be filed by it with the SEC pursuant to relevant securities Laws statutes, regulations, policies and rules since such time. As of their respective dates, the Buyer Reports (i) were prepared in accordance with the applicable requirements of NYSEthe American Stock Exchange, the Securities Act, the Exchange Act, and the rules and regulations thereunder and complied with the then applicable accounting requirements and (ii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading, misleading except for such statements, if any, as have been modified or superseded by subsequent filings with the SEC prior to the date hereof. Each of the consolidated balance sheets included in or incorporated by reference into the Buyer Reports (including the related notes and scheduleschedules) fairly presents in all material respects the consolidated financial position of Buyer and its Subsidiaries as of its respective date and each of the consolidated statements of operations, cash flows and stockholders’ equity included in or incorporated by reference into the Buyer Reports (including any related notes and schedules) fairly presents in all material respects the results of operations, cash flows or changes in stockholders’ equity, as the case may be, of Buyer and its Subsidiaries for the periods set forth therein (subject, in the case of unaudited financial statements, to such exceptions as may be permitted by SEC Form 10-QQ of the SEC), in each case in accordance with U.S. generally accepted accounting principles GAAP consistently applied during the periods involved, except as may be noted therein, and except that the unaudited interim financial statements were or are subject to normal and recurring year-end adjustments which that were not or are not expected to be material in amount or effect.