Common use of Public Documents Clause in Contracts

Public Documents. The Company has timely filed all the Public Documents. (i) As of their respective effective dates (in the case of the SEC Documents that are registration statements filed pursuant to the requirements of the Securities Act) and as of their respective filing dates (in the case of all other SEC Documents), or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the SEC Documents complied in all material respects with the requirements of the Securities Act or the 1934 Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder, and, (B) none of the SEC Documents 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 material statements therein, in the light of the circumstances under which they were made, not misleading. As of the date of this Agreement, there are no material outstanding or unresolved comments in comment letters received by the Company from the staff of the SEC with respect to any SEC Document. (ii) As of their respective dates of submission or publication of the Hong Kong Stock Exchange Documents, or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the Hong Kong Stock Exchange Documents complied in all material respects with the applicable requirements of the Hong Kong Listing Rules and (B) none of the Hong Kong Stock Exchange Documents 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 material statements therein, in the light of the circumstances under which they were made, not misleading. (iii) As of their respective dates of submission or publication of the Singapore Exchange Documents, or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the Singapore Exchange Documents complied in all material respects with the applicable requirements of the listing manual of the Singapore Exchange and the Singapore Code of Corporate Governance and (B) none of the Singapore Exchange Documents 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 material statements therein, in the light of the circumstances under which they were made, not misleading.

Public Documents. The Company has timely furnished or filed all Company Public Documents required to be furnished or filed with the Public Documents. (i) applicable Securities Authorities since January 1, 2017. As of their respective effective dates of being furnished or filed with the applicable Securities Authority (in the case of the SEC Documents that are registration statements filed pursuant to the requirements of the Securities Act) and as of their respective filing dates (in the case of all other SEC Documents), or in each caseor, if amended or superseded by a filing prior to the date hereof, as of the date of such filing), the last such amendmentCompany Public Documents complied, (A) and each of Company Public Document filed after the SEC Documents complied date hereof and prior to the Effective Date will comply, in all material respects with the requirements of the all applicable Securities Act or the 1934 Act, as the case may beLaws, and the rules and regulations of the SEC promulgated thereunder, and, (B) none of the SEC Company Public Documents when so furnished or filed contained (or to the extent filed after the date hereof and prior to the Effective Date, will contain) any untrue statement of a material fact or omitted (or will omit) to state a material fact required to be stated therein or necessary in order to make the material statements therein, in the light of the circumstances under which they were made, not misleading. As of the date of this AgreementEach Company Public Document that is a registration statement, there are no material outstanding or unresolved comments in comment letters received by the Company from the staff of the SEC with respect to any SEC Document. (ii) As of their respective dates of submission or publication of the Hong Kong Stock Exchange Documents, or in each caseas amended, if amended prior applicable, filed pursuant to the date hereofU.S. Securities Act, as of the date of the last such amendmentregistration statement or amendment became effective, (A) each of the Hong Kong Stock Exchange Documents complied in all material respects with the applicable requirements of the Hong Kong Listing Rules and (B) none of the Hong Kong Stock Exchange Documents contained did not contain any untrue statement of a material fact or omitted omit to state a any material fact required to be stated therein or necessary in order to make the material statements therein, therein not misleading. The financial statements of the Company included in the light of the circumstances under which they were madeCompany Public Documents complied as to form, not misleading. (iii) As as of their respective dates of submission or publication of filing with the Singapore Exchange Documentsapplicable Securities Authority, or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the Singapore Exchange Documents complied in all material respects with all the published rules and regulations of the applicable requirements of the listing manual of the Singapore Exchange and the Singapore Code of Corporate Governance and Securities Authority with respect thereto (B) none of the Singapore Exchange Documents 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 material statements thereinexcept, in the light case of unaudited statements, as permitted by Form 10-Q of the circumstances under which they were madeSEC), not misleadinghave been prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be disclosed therein) and fairly present in all material respects the consolidated financial position of the Company and its consolidated Subsidiaries and the consolidated results of operations, changes in shareholders’ equity and cash flows of such companies as of the dates and for the periods shown. As of the date hereof, there are no outstanding written comments from any Securities Authority with respect to any of the Company Public Documents.

Public Documents. The Company has timely filed all the Public Documents.. ​ ​ (i) As of their respective effective dates (in the case of the SEC Documents that are registration statements filed pursuant to the requirements of the Securities Act) and as of their respective filing dates (in the case of all other SEC Documents), or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the SEC Documents complied in all material respects with the requirements of the Securities Act or the 1934 Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder, and, (B) none of the SEC Documents 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 material statements therein, in the light of the circumstances under which they were made, not misleading. As of the date of this Agreement, there are no material outstanding or unresolved comments in comment letters received by the Company from the staff of the SEC with respect to any SEC Document. (ii) As of their respective dates of submission or publication of the Hong Kong Stock Exchange Documents, or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the Hong Kong Stock Exchange Documents complied in all material respects with the applicable requirements of the Hong Kong Listing Rules and (B) none of the Hong Kong Stock Exchange Documents 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 material statements therein, in the light of the circumstances under which they were made, not misleading. (iii) As of their respective dates of submission or publication of the Singapore Exchange Documents, or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the Singapore Exchange Documents complied in all material respects with the applicable requirements of the listing manual of the Singapore Exchange and the Singapore Code of Corporate Governance and (B) none of the Singapore Exchange Documents 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 material statements therein, in the light of the circumstances under which they were made, not misleading.

Public Documents. The Company Buyer has timely filed with the SEC all reports, schedules, forms, statements and other documents required by the Securities Exchange Act of 1934, as amended (the "Exchange Act"), to be filed by Buyer since October 24, 2001 (collectively, and in each case including all exhibits and schedules thereto and documents incorporated by reference therein, the "Public Documents. (i) As of their respective effective dates "). At the time filed (in the case of filings under the SEC Documents that are registration statements filed pursuant to the requirements of the Securities Exchange Act) and as of their respective filing dates or at the time declared effective (in the case of all other SEC Documentsfilings under the Securities Act), or in each case, if amended prior except to the date hereofextent revised or superseded by a subsequent filing with the SEC, as of the date of the last such amendment, (A) each of the SEC Public Documents complied in all material respects with the requirements of the Securities Act or the 1934 Exchange Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder, and, (B) none of the SEC Public Documents (including any and all financial statements included therein) as of such dates 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 material statements therein, in the light of the circumstances under which they were made, not misleading. As The consolidated financial statements of Buyer included in all Public Documents, including any amendments thereto, (a) were prepared from the date books and records of this Agreement, there are no material outstanding or unresolved comments Buyer in comment letters received conformity with United States generally accepted accounting principles as published by the Company from Financial Accounting Standards Board ("GAAP") applied on a consistent basis throughout the staff periods covered thereby (except as otherwise noted therein), (b) comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect to any SEC Document. thereto, and (iic) As fairly present in all material respects the financial condition and results of their operations of the Buyer and its consolidated subsidiaries as of the respective dates of submission or publication of thereof and for the Hong Kong Stock Exchange Documentsperiods covered thereby. To Buyer's knowledge, or in each case, if amended prior to the date hereof, as of since the date of the last such amendment, (A) each of the Hong Kong Stock Exchange Documents complied in all material respects most recent filing by or with respect to Buyer or its Affiliates with the applicable requirements of the Hong Kong Listing Rules and SEC, there has not occurred any event that (Bsingly or together with other such events) none of the Hong Kong Stock Exchange Documents contained any untrue statement of would have a material fact adverse effect on the financial condition or omitted to state a material fact required to be stated therein results of operations of Buyer other than those resulting from general changes in coal prices; general changes in industry, economic or necessary political conditions; civil unrest, insurrection, outbreaks of hostilities, acts of terrorism or similar events; or changes in order to make the material statements therein, in the light of the circumstances under which they were made, not misleadingLaws and Regulations. (iii) As of their respective dates of submission or publication of the Singapore Exchange Documents, or in each case, if amended prior to the date hereof, as of the date of the last such amendment, (A) each of the Singapore Exchange Documents complied in all material respects with the applicable requirements of the listing manual of the Singapore Exchange and the Singapore Code of Corporate Governance and (B) none of the Singapore Exchange Documents 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 material statements therein, in the light of the circumstances under which they were made, not misleading.