Common use of SEC Filings and the Xxxxxxxx-Xxxxx Act Clause in Contracts

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has Made Available to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended December 31, 2013 and December 31, 2012, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 2012 and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2012 (the documents referred to in this Section 4.08(a), together with all exhibits thereto and information incorporated by reference therein, are collectively referred as the “Company SEC Documents”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Open Text Corp), Agreement and Plan of Merger (Actuate Corp)

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SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has Made Available delivered or made available (including through the SEC’s XXXXX system) to Parent complete and correct copies of (i) the Company’s annual reports report on Form 10-K for its fiscal years year ended December Xxxxx 00, 0000, (xx) its quarterly reports on Form 10-Q for its fiscal quarters ended July 31, 2013 2005, and December October 31, 20122005, (iiiii) its proxy or information statements statement relating to meetings the Company’s 2005 annual meeting of the stockholders of the Company since January 1, 2012 and (iiiiv) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1April 30, 2012 2005 (the documents referred to in this Section 4.08(a4.07(a), together with all exhibits thereto and information incorporated by reference thereincollectively, are collectively referred as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ade Corp)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has Made Available to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended December 31, 2013 2012, December 31, 2011 and December 31, 20122010, (ii) its the proxy or information statements filed by the Company relating to meetings of the stockholders of the Company since January 1, 2012 2011 and (iii) all of its other reports, statements, schedules and registration statements filed by the Company with the SEC since January 1, 2012 2011 (the documents referred to in this Section 4.08(a4.07(a), together with all exhibits thereto and information incorporated by reference thereintherein in accordance with applicable SEC regulations, are collectively referred as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Mac-Gray Corp)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has Made Available to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended December 31, 2013 2019 and December 31, 20122020, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 2012 2020 and (iii) all of its other reports, statements, schedules and registration statements filed or furnished with the SEC since January 1, 2012 2020 (the documents referred to in this Section 4.08(a4.07(a), together with all exhibits thereto and information incorporated by reference thereinamendments thereto, are collectively referred to as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Citrix Systems Inc)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has Made Available to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended December 31April 30, 2013 2015 and December 31Xxxxx 00, 20120000, (iixx) its proxy or information statements relating to meetings of the stockholders of the Company since January May 1, 2012 2013 and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January May 1, 2012 2013, including, in each case, any related amendments (the documents referred to in this Section 4.08(a), together with all exhibits thereto and information incorporated by reference therein, are collectively referred as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Daegis Inc.)

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SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has Made Available to Parent Buyer complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended December March 31, 2013 2020 and December 31Xxxxx 00, 20120000, (iixx) its proxy or information statements relating to meetings of the stockholders of the Company Shareholders since January 1, 2012 2020 and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2012 2020 (the documents referred to in this Section 4.08(a3.07(a), together with all exhibits thereto and information incorporated by reference thereinamendments thereto, are collectively referred to as the “Company SEC Documents”).

Appears in 1 contract

Samples: Transaction Agreement (Mimecast LTD)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has Made Available to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended December 31October 2, 2013 2011, October 3, 2010 and December 31September 27, 20122009, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1September 28, 2012 2009 and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1September 28, 2012 2009, (the documents referred to in this Section 4.08(a4.07(a), together with all exhibits thereto and information incorporated by reference thereintherein in accordance with applicable SEC regulations, are collectively referred as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Zoll Medical Corp)

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