SEC Reports and Nasdaq Compliance. Issuer has made all filings (the "SEC Reports") required to be made by it under the Securities Act, the Exchange Act and the securities laws of any state, and any rules and regulations promulgated thereunder and pursuant to any Requirements of Law. The SEC Reports, when filed, complied in all material respects with all applicable requirements of the Securities Act, the Exchange Act and other Requirements of Law. None of the SEC Reports, at the time of filing, 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 statements therein not misleading in light of the circumstances in which they were made. Issuer has taken all necessary actions to ensure its continued inclusion in, and the continued eligibility of the Common Stock for trading on the Nasdaq National Market under all currently effective and currently proposed inclusion requirements.
SEC Reports and Nasdaq Compliance. Since at least January 1, 1995, MTLM has made all filings (the "SEC Reports") required to be made by it under the Securities Act, the Exchange Act and the securities laws of any state, and any rules and regulations promulgated thereunder and pursuant to any requirements of law. The SEC Reports, when filed, complied in all material respects with all applicable requirements of the Securities Act , the Exchange Act and other requirements of law. To the knowledge of MTLM, none of the SEC Reports, at the time of filing, 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 statements therein not misleading in light of the circumstances in which they were made. MTLM has, or will, deliver or make accessible to the HouTex Shareholders true, accurate and complete copies of the SEC Reports, as amended, which were filed with the SEC since January 1, 1995, and as in effect as of the date hereof. MTLM has taken all necessary actions to ensure its continued inclusion in, and the continued eligibility of the MTLM Common Stock for trading on the Nasdaq Stock Market under all currently effective and currently proposed inclusion requirements.
SEC Reports and Nasdaq Compliance. Since January 1, 1997, the Company has made all filings (the "SEC Reports") required to be made by it under the Securities Act and the Exchange Act. The SEC Reports, when filed, complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act and the securities laws, rules and regulations of any state and pursuant to any Requirements of Law. The SEC Reports, when filed, did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The Company will use its best efforts to ensure its continued inclusion in, and the continued eligibility of the Common Stock (including the Shares purchased hereunder) for trading on, the Nasdaq over-the-counter market under all currently effective and currently proposed inclusion requirements prior to and after the Closing.
SEC Reports and Nasdaq Compliance. Since September 30, 1998, the --------------------------------- Company has made, in a timely fashion, all filings (as amended, the "SEC Reports") required to be made by it under the Exchange Act. The SEC Reports, when filed, complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act and the securities laws, rules and regulations of any state and pursuant to the requirements of applicable law. The Company will use its best efforts to ensure its continued inclusion in, and the continued eligibility of the Common Stock for trading on, the NASDAQ National Market under all currently effective and currently proposed inclusion requirements prior to and after the Closing.
SEC Reports and Nasdaq Compliance. Since --------------------------------- January 1, 1996, ICG has made in a timely manner all material filings (the "SEC Reports") required to be made by it under the Securities Act and the Exchange Act. The SEC Reports, when filed, complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act and the securities laws, rules and regulations of any applicable state and pursuant to any material Legal Requirement and did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. Buyer has delivered or made accessible to Sellers true, accurate and complete copies of the SEC Reports which were filed by ICG with the SEC since January 1, 1996. Buyer has taken or will take all necessary actions to ensure the eligibility of the ICG Shares for trading on the Nasdaq Market.
SEC Reports and Nasdaq Compliance. In the event Alliance makes any claims against IASI for breaches of the Merger Agreement, as it relates to an untrue statement of a material fact, or an omission to state a material fact required to be stated in any SEC or NASDAQ filing, Alliance agrees that BTIL and London Pacific shall be entitled to share in any recovery by Alliance in the same proportion that the Shares received by them under this Agreement bears to the Shares received by Alliance under the Merger Agreement. For purposes of this subsection (e), shares subject to outstanding warrants shall be counted as shares issued. The inclusion of this subsection (e) shall not require Alliance to take any action against IASI, if Alliance, in its sole and absolute discretion, elects not to take such action.
SEC Reports and Nasdaq Compliance. The Issuer has timely made all filings required to be made by it under the Exchange Act within the three (3) years prior to the date of this Agreement (the “SEC Reports”). The SEC Reports, when filed, complied in all material respects with all applicable requirements of the Exchange Act. None of the SEC Reports, at the time of filing, 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 statements therein not misleading in light of the circumstances in which they were made. The Common Stock is currently listed on the Nasdaq National Market. The Issuer is currently in compliance with all currently effective inclusion requirements of the Nasdaq National Market. There are no proceedings pending or to the Issuer’s knowledge threatened against the Issuer relating to the continued listing of the Common Stock on the Nasdaq National Market and the Issuer has not received any notice of the delisting of the Common Stock from the Nasdaq National Market. The Shares are qualified for listing on the Nasdaq National Market.
SEC Reports and Nasdaq Compliance. 7 ARTICLE III
SEC Reports and Nasdaq Compliance. 10 5.9 Seller Data...................................................10 5.10
SEC Reports and Nasdaq Compliance. Since March 31, 1996, Seller has made in a timely manner all filings (the "SEC Reports") required to be made by it under the Securities Act and the Exchange Act. The SEC Reports, when filed, complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act and the securities laws, rules and regulations of any state and pursuant to any Requirements of Law and did not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. Seller has delivered or made accessible to Purchaser true accurate and complete copies of the SEC Reports which were filed with the SEC since March 31, 1996, Seller has taken all necessary actions to ensure its continued inclusion in, and the continued eligibility of the Common Stock for trading on, the Nasdaq Small Cap Market.
