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

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30, 2013, 2012, and 2011, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 2010, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 (the documents referred to in this Section 5.07(a) and Section 5.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Oracle Corp), Agreement and Plan of Merger (Oracle Corp), Agreement and Plan of Merger (Micros Systems Inc)

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SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132010, 20122009, and 20112008, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102008, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2008 (the documents referred to in this Section 5.07(a4.07(a) and Section 5.07(e4.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Rightnow Technologies Inc), Agreement and Plan of Merger (Taleo Corp), Agreement and Plan of Merger (Rightnow Technologies Inc)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 2015, 2014 and 2013, 2012, and 2011, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102013, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2013 (the documents referred to in this Section 5.07(a) and Section 5.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Netsuite Inc), Agreement and Plan of Merger (Oracle Corp)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports its Registration Statement on Form 10-K for its fiscal years ended June 30S-1 filed with the SEC on August 24, 2013, 2012, 2011 and 2011all amendments thereto, (ii) its proxy or information statements relating to meetings of quarterly report on Form 10-Q for the stockholders of the Company since January 1quarter ended September 30, 20102012, and (iii) all of its other reports, statements, schedules and registration statements filed with or furnished to the SEC since January 1August 24, 2010 2011 (the documents referred to in this Section 5.07(a4.07(a) and Section 5.07(e4.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eloqua, Inc.)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, Made Available to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30, 20132016 and June 30, 2012, and 20112015, (ii) its proxy or information statements relating to meetings of the stockholders shareholders of the Company since January 1, 2010, 2015 and (iii) all of its other reports, statements, schedules and registration statements filed with or furnished to the SEC since January 1, 2010 2015 (the documents referred to in this Section 5.07(a) and Section 5.07(e4.07(a), together with all amendments thereto and information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Parexel International Corp)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, Made Available to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132016, 2012December 31, 2015 and 2011December 31, 2014, (ii) its proxy or information statements filed by the Company relating to meetings of the stockholders of the Company since January 1, 2010, 2016 and (iii) all of its other reports, statements, schedules and registration statements filed by the Company with the SEC since January 1, 2010 2016, (the documents referred to in this Section 5.07(a) and Section 5.07(e4.07(a), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (RMG Networks Holding Corp)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132018, 20122017 and 2016, and 2011, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102016, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2016 (the documents referred to in this Section 5.07(a4.07(a) and Section 5.07(e4.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulationsregulations and as supplemented, modified or amended since the time of filing, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alexion Pharmaceuticals, Inc.)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132011, 20122010, and 20112009, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102009, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2009 (the documents referred to in this Section 5.07(a4.07(a) and Section 5.07(e4.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Acme Packet Inc)

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SEC Filings and the Xxxxxxxx-Xxxxx Act. (ai) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (iA) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 26, 2014, December 27, 2013, 2012and Xxxxxxxx 00, and 20110000, (iiX) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102013, and (iiiC) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2013 (the documents referred to in this Section 5.07(a3.01(h)(i) and Section 5.07(e3.01(h)(v), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Jagged Peak, Inc.)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has deliveredmade available to Parent, or otherwise made available through filings has filed with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132020, 2012December 28, 2019 and 2011December 29, 2018; (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102018, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2018 (the documents referred to in this Section 5.07(a) and Section 5.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (CERNER Corp)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132009, 2012, 2008 and 20112007, (ii) its proxy or information statements relating to meetings of the stockholders shareholders of the Company since January 1, 20102008, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2008 (the documents referred to in this Section 5.07(a) and Section 5.07(e4.07(a), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Bancinsurance Corp)

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132010, 2012, 2009 and 20112008, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102008, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2008 (the documents referred to in this Section 5.07(a4.07(a) and Section 5.07(e4.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the “Company SEC Documents”).

Appears in 1 contract

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

SEC Filings and the Xxxxxxxx-Xxxxx Act. (a) The Company has delivered, or otherwise made available through filings with the SEC, to Parent complete and correct copies of (i) the Company’s 's annual reports on Form 10-K for its fiscal years ended June 30December 31, 20132009, 2012, 2008 and 20112007, (ii) its proxy or information statements relating to meetings of the stockholders of the Company since January 1, 20102007, and (iii) all of its other reports, statements, schedules and registration statements filed with the SEC since January 1, 2010 2007 (the documents referred to in this Section 5.07(a4.07(a) and Section 5.07(e4.07(e), together with all information incorporated by reference therein in accordance with applicable SEC regulations, are collectively referred to in this Agreement as the "Company SEC Documents").

Appears in 1 contract

Samples: Agreement and Plan of Merger (Phase Forward Inc)

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