Common use of SEC Filings; Company Financial Statements Clause in Contracts

SEC Filings; Company Financial Statements. (a) The Company has filed and made available to the Buyer all forms, reports, and documents required to be filed by the Company or any of its Subsidiaries with the SEC or the FDIC pursuant to the Securities Exchange Act of 1934 since December 31, 1999 (collectively, the "COMPANY SEC REPORTS"). The Company SEC Reports (i) at the time filed, complied in all Material respects with the applicable requirements of the Securities Laws, as the case may be, and (ii) did not at the time they were filed (or if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a Material fact or omit to state a Material fact required to be stated in such Company SEC Reports or necessary in order to make the statements in such Company SEC Reports, in light of the circumstances under which they were made, not misleading. None of the Company's Subsidiaries is required to file any forms, reports, or other documents with the SEC pursuant to Section 13 of the Securities Exchange Act of 1934.

SEC Filings; Company Financial Statements. (a) The Company has filed and made available to the Buyer all forms, reports, reports and documents required to be filed by the Company or any of its Subsidiaries with the SEC or since January 1, 2001, and has made available to Parent such forms, reports and documents in the FDIC pursuant form filed with the SEC. All such required forms, reports and documents (including those that the Company may file subsequent to the Securities Exchange Act date hereof) are referred to herein as the “Company SEC Reports” and all Company SEC Reports filed prior to the date hereof are referred to herein as the “Filed Company SEC Reports.” As of 1934 since December 31, 1999 (collectivelytheir respective dates, the "COMPANY SEC REPORTS"). The Company SEC Reports (i) at the time filed, complied were prepared in all Material respects accordance with the applicable requirements of the Securities LawsAct or the Exchange Act, as the case may be, and the rules and regulations of the SEC thereunder applicable to such Company SEC Reports, and (ii) did not at the time they were filed (or if amended or superseded by a filing prior to before the date of this Agreement, then on the date of such filing) contain any untrue Table of Contents statement of a Material material fact or omit to state a Material material fact required to be stated in such Company SEC Reports therein or necessary in order to make the statements in such Company SEC Reportstherein, in the light of the circumstances under which they were made, not misleading. None of the Company's Subsidiaries is required to file any forms, reports, or other documents with the SEC pursuant to Section 13 of the Securities Exchange Act of 1934.

SEC Filings; Company Financial Statements. (a) The Since January 1, 2004, the Company has filed and made available to the Buyer all forms, reports, reports and documents required to be filed by the Company or any of its Subsidiaries with the SEC or the FDIC pursuant and (if and to the Securities Exchange Act of 1934 since December 31extent such forms, 1999 reports and documents are not available on XXXXX) has made available to Parent such forms, reports and documents in the form filed with the SEC. All such required forms, reports and documents (collectively, including those that the Company may file subsequent to the date hereof) are referred to herein as the "COMPANY SEC REPORTS"). The ." As of their respective dates, the Company SEC Reports (i) at the time filed, complied were prepared in all Material respects accordance with the applicable requirements of the Securities LawsAct of 1933, as amended (the "SECURITIES ACT"), or the Exchange Act, as the case may be, and the rules and regulations of the SEC thereunder applicable to such Company SEC Reports and (ii) did not at the time they were filed (or if subsequently amended or superseded by a filing prior to the date of this Agreement, then on the date of such subsequent filing) contain any untrue statement of a Material material fact or omit to state a Material material fact required to be stated in such Company SEC Reports therein or necessary in order to make the statements in such Company SEC Reportstherein, in the light of the circumstances under which they were made, not misleading. None of the Company's Subsidiaries subsidiaries is required to file any forms, reports, reports or other documents with the SEC pursuant to Section 13 of the Securities Exchange Act of 1934SEC.

SEC Filings; Company Financial Statements. (a) The Company has filed and made available to the Buyer all forms, reports, reports and documents required to be filed by the Company or any of its Subsidiaries with the SEC since January 1, 2000 under Section 13(a) or Section 15(d) of the FDIC pursuant Exchange Act. All such required forms, reports and documents are referred to herein as the Securities Exchange Act “Company SEC Reports.” As of 1934 since December 31, 1999 (collectivelytheir respective dates, the "COMPANY SEC REPORTS"). The Company SEC Reports (i) at the time filed, complied were prepared in all Material material respects in accordance with the applicable requirements of the Securities Laws, as Exchange Act and the case may be, rules and regulations of the SEC thereunder applicable to such Company SEC Reports and (ii) did not at the time they were filed (or if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a Material material fact or omit to state a Material material fact required to be stated in such Company SEC Reports therein or necessary in order to make the statements in such Company SEC Reportstherein, in the light of the circumstances under which they were made, not misleading, except to the extent corrected prior to the date of this Agreement by a subsequently filed Company SEC Report. None of the Company's Subsidiaries is ’s subsidiaries are required to file any forms, reports, reports or other documents with the SEC pursuant to under Section 13 13(a) or Section 15(d) of the Securities Exchange Act of 1934Act.