Common use of SEC Reports; Financial Condition Clause in Contracts

SEC Reports; Financial Condition. (a) The Company has filed all SEC Reports and has made available to the Purchasers each SEC Report. The SEC Reports of the Company, including any financial statements or schedules included or incorporated therein by reference, (i) comply in all material respects with the requirements of the Exchange Act or the Securities Act or both, as the case may be, applicable to those SEC Reports and (ii) did not at the time they were filed contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary in order to make the statements made in those SEC Reports, in light of the circumstances under which they were made, not misleading.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Egain Communications Corp), Stock Purchase Agreement (Ibeam Broadcasting Corp), Stock Purchase Agreement (Williams Communications Group Inc)

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SEC Reports; Financial Condition. (a) The Company Seller has filed all SEC Reports and has made available to the Purchasers Purchaser each SEC Report. The SEC Reports of the CompanySeller, including any financial statements or schedules included or incorporated therein by reference, (i) comply in all material respects with the requirements of the Exchange Act or the Securities Act or both, as the case may be, applicable to those SEC Reports and (ii) did not at the time they were filed contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary in order to make the statements made in those SEC Reports, in light of the circumstances under which they were made, not misleading.

Appears in 3 contracts

Samples: Asset Sale Agreement (Williams Communications Group Inc), Asset Sale Agreement (Ibeam Broadcasting Corp), Asset Sale Agreement (Williams Communications Group Inc)

SEC Reports; Financial Condition. (a1) The Company has filed all SEC Reports and has made available to the Purchasers each SEC Report. The SEC Reports of the Company, including any financial statements or schedules included or incorporated therein by reference, (i) comply in all material respects with the requirements of the Exchange Act or the Securities Act or both, as the case may be, applicable to those SEC Reports and (ii) did not at the time they were filed contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary in order to make the statements made in those SEC Reports, in light of the circumstances under which they were made, not misleading.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Allen & Co Inc/Allen Holding Inc), Stock Purchase Agreement (Touch America Holdings Inc)

SEC Reports; Financial Condition. (a) The Company has filed all SEC Reports and has made available to the Purchasers each SEC Report. The SEC Reports of the CompanyCompany for the most recently filed year and all reports subsequent thereto, including any financial statements or schedules included or incorporated therein by reference, (i) comply in all material respects with the requirements of the Exchange Act or the Securities Act or both, as the case may be, applicable to those SEC Reports and (ii) did not at the time they were filed filed, to Seller Bentov's knowledge, contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary in order to make the statements made in those SEC Reports, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Stock Purchase Agreement (Helios & Matheson Information Technology Ltd.)

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SEC Reports; Financial Condition. (a) The Company has and its Subsidiaries have filed all SEC Reports and has have made available to the Purchasers each SEC Report. The SEC Reports of the CompanyReports, including including, without limitation, any financial statements or schedules included or incorporated therein by reference, (i) comply in all material respects with the requirements of the Exchange Act or the Securities Act or both, as the case may be, applicable to those SEC Reports and (ii) did not at the time they were filed contain any untrue statement of a material fact or omit to state a material fact required to be stated or necessary in order to make the statements made in those SEC Reports, in light of the circumstances under which they were made, not misleading.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Roller Bearing Co of America Inc)

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