Common use of Company SEC Reports Clause in Contracts

Company SEC Reports. (a) Since June 1, 2004, the Company has filed all reports, schedules, forms, statements and other documents (including exhibits and other information incorporated therein) required to be filed by it with the SEC or Nasdaq (such documents, as they have been amended since the respective time of their filing, the “Company SEC Reports”). As of their respective dates, the Company SEC Reports complied in all material respects with the requirements of the Securities Act of 1933, as amended, the Exchange Act or the Laws of any such jurisdiction, as the case may be, and the rules and regulations promulgated thereunder applicable to such Company SEC Reports, and, as of their respective dates, or, if amended, the date of such amendment. None of the Company SEC Reports 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, in light of the circumstances under which they were made, not misleading, provided that, if the Company amends any of the Company SEC Reports, the fact of the filing of such amendment shall not, in and of itself, be deemed to mean or imply that any representation or warranty in this Agreement was not true when made or became untrue thereafter. Except by reason of their serving as guarantors of the Notes, no Subsidiary is required to file any form, report or other document with the SEC.

Company SEC Reports. (a) Since June 1, 2004, the The Company has filed all reportswith the SEC, schedulesand has heretofore made available to Parent and Purchaser true and complete copies of, formseach form, statements registration statement, report, schedule, proxy or information statement and other documents document (including exhibits and other information amendments thereto), including without limitation its Annual Reports to Shareholders incorporated therein) by reference in certain of such reports, required to be filed by it with the SEC or Nasdaq (such documentssince September 30, as they have been amended since the respective time of their filing, the “Company SEC Reports”). As of their respective dates, the Company SEC Reports complied in all material respects with the requirements of 1991 under the Securities Act of 1933, as amended (the "Securities Act"), or the Exchange Act, each of which is identified on Schedule 3.5 hereto (collectively, the "Company SEC Reports"). As of the respective dates such Company SEC Reports were filed or, if any such Company SEC Reports were amended, as of the date such amendment was filed, each of the Company SEC Reports, including without limitation any financial statements or schedules included therein, (a) complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act or the Laws of any such jurisdictionAct, as the case may be, and the applicable rules and regulations promulgated thereunder applicable to such Company SEC Reportsthereunder, and, as of their respective dates, or, if amended, the date of such amendment. None of the Company SEC Reports contained and (b) did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, provided that, if the Company amends any . None of the Company SEC Reports, the fact of the filing of such amendment shall not, in and of itself, be deemed to mean or imply that any representation or warranty in this Agreement was not true when made or became untrue thereafter. Except by reason of their serving as guarantors of the Notes, no Subsidiary Subsidiaries is required to file any formforms, report reports or other document documents with the SECSEC pursuant to Section 12 or 15 of the Exchange Act.

Company SEC Reports. (a) Since June 1, 2004, the The Company has filed with or otherwise furnished to the Securities and Exchange Commission (the “SEC”) all material forms, reports, schedules, forms, statements and other documents (including exhibits and other information incorporated therein) required to be filed or furnished by it with under the SEC Securities Act or Nasdaq the Exchange Act since December 31, 2003 (such documents, as they have been supplemented or amended since the respective time of their filing, and together with all information incorporated by reference therein, the “Company SEC Reports”). No Subsidiary of the Company is required to file with or furnish to the SEC any such forms, reports, schedules, statements or other documents. As of their respective dates, the Company SEC Reports Reports, including any financial statements or schedules included or incorporated by reference therein, at the time filed (or, if amended, as of the date of such amendment) (i) complied as to form in all material respects with the applicable requirements of the Securities Act of 1933, as amended, and the Exchange Act or the Laws of any such jurisdiction, as the case may beAct, and the rules and regulations of the SEC promulgated thereunder applicable to such Company SEC Reports, and, as of their respective dates, or, if amended, the date of such amendment. None of the Company SEC Reports contained and (ii) did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, provided that, if the Company amends any of the Company SEC Reports, the fact of the filing of such amendment shall not, in and of itself, be deemed to mean or imply that any representation or warranty in this Agreement was not true when made or became untrue thereafter. Except by reason of their serving as guarantors of the Notes, no Subsidiary is required to file any form, report or other document with the SEC.

Company SEC Reports. (a) Since June 1, 2004, the The Company has timely filed each report and definitive proxy statement (together with all reports, schedules, forms, statements amendments thereof and other documents (including exhibits and other information incorporated thereinsupplements thereto) required to be filed by it the Company pursuant to the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”), including all certifications required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”), and the Securities Act, with the SEC or Nasdaq since January 1, 2017 (as such documents, as they documents have been amended since the respective time of their filingfiling been amended or supplemented, the “Company SEC Reports”). As of their respective dates, after giving effect to any amendments or supplements thereto filed on or prior to the date hereof, each of the Company SEC Reports (i) complied as to form in all material respects with the requirements of the Securities Act of 1933, as amendedExchange Act, the Exchange Act or the Laws of any such jurisdiction, as the case may beXxxxxxxx-Xxxxx Act, and the rules and regulations promulgated thereunder applicable to Securities Act as in effect on the date such Company SEC Reports, and, as of their respective dates, or, if amended, the date of such amendment. None of the Company SEC Reports contained Report was filed and (ii) did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, provided that, if the Company amends any of the Company SEC Reports, the fact of the filing of such amendment shall not, in and of itself, be deemed to mean or imply that any representation or warranty in this Agreement was . The Company’s Subsidiaries are not true when made or became untrue thereafter. Except by reason of their serving as guarantors of the Notes, no Subsidiary is required to file or furnish any formforms, report reports or other document documents with the SEC.

Company SEC Reports. The Company has made available to the Investor (ai) Since the Company's Annual Report on Form 10-KSB for the year ended Xxxxx 00, 0000 (xx) the Company's Quarterly Report on Form 10-QSB for the quarter ended June 30, 1999, (iii) the proxy statements relating to the Company's 1999 meeting of stockholders and (iv) all other reports or registration statements (as amended or supplemented prior to the date hereof), filed by the Company with the Securities and Exchange Commission (the "SEC") since April 1, 20041999, including all exhibits thereto and items incorporated therein by reference (items (i) through (iv) being referred to as the Company has filed all reports, schedules, forms, statements and other documents (including exhibits and other information incorporated therein) required to be filed by it with the SEC or Nasdaq (such documents, as they have been amended since the respective time of their filing, the “"Company SEC Reports”"). As of their respective dates, the Company SEC Reports complied in all material respects with the requirements of the Securities Act of 1933, as amended, the Exchange Act or the Laws of any such jurisdiction, as the case may be, and the rules and regulations promulgated thereunder applicable to such Company SEC Reports, and, as of their respective dates, or, if amended, the date of such amendment. None of the Company SEC Reports contained did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Since April 1, provided that1997, if the Company amends any of has filed all material forms (with necessary amendments), reports and documents with the Company SEC Reports, the fact of the filing of such amendment shall not, in and of itself, be deemed to mean or imply that any representation or warranty in this Agreement was not true when made or became untrue thereafter. Except by reason of their serving as guarantors of the Notes, no Subsidiary is required to file any be filed by it pursuant to the federal securities laws and the SEC rules and regulations thereunder, each of which complied as to form, at the time such form, report or other document was filed, in all material respects with the SECapplicable requirements of the federal securities laws and the applicable rules and regulations thereunder.

Company SEC Reports. (a) Since June 1, 2004, the The Company has filed all reportswith the Commission, schedulesand has heretofore made available to Xxxxxx true and complete copies of, formseach form, statements registration statement, report, schedule, proxy or information statement and other documents document, as amended (including exhibits thereto), including, without limitation, its Annual Reports to Stockholders incorporated by reference in certain of such reports, but excluding any preliminary proxy materials and other information incorporated therein) pre-effective amendments to registration statements, required to be filed by it with the SEC or Nasdaq (such documentsCommission since June 30, as they have been amended since the respective time of their filing, the “Company SEC Reports”). As of their respective dates, the Company SEC Reports complied in all material respects with the requirements of 1995 under the Securities Act of 1933, as amendedamended (the "Securities Act"), or the Exchange Act or (collectively, the Laws "Company SEC Reports"). As of the respective dates such Company SEC Reports were filed or, if any such jurisdictionCompany SEC Reports were amended, as of the date such amendment was filed, each of the Company SEC Reports, including, without limitation, any financial statements or schedules included therein, (a) complied, in all material respects, with all applicable requirements of the Securities Act and the Exchange Act, as the case may be, and the applicable rules and regulations promulgated thereunder applicable to such Company SEC Reportsthereunder, and, as of their respective dates, or, if amended, the date of such amendment. None of the Company SEC Reports contained and (b) did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, provided that, if the Company amends any of the Company SEC Reports, the fact of the filing of such amendment shall not, in and of itself, be deemed to mean or imply that any representation or warranty in this Agreement was not true when made or became untrue thereafter. Except by reason of their serving as guarantors of the Notes, no Subsidiary is required to file any form, report or other document with the SEC.

Company SEC Reports. (a) Since June 1, 2004, the The Company has filed all reportswith the SEC, schedulesand has heretofore made available to Parent and Purchaser true and complete copies of, formseach form, statements registration statement, report, schedule, proxy or information statement and other documents document (including exhibits and other information amendments thereto), including without limitation its Annual Reports to Shareholders incorporated therein) by reference in certain of such reports, required to be filed by it with the SEC or Nasdaq (such documentssince September 30, as they have been amended since the respective time of their filing, the “Company SEC Reports”). As of their respective dates, the Company SEC Reports complied in all material respects with the requirements of 1992 under the Securities Act of 1933, as amendedamended (the "Securities Act"), or the Exchange Act or (collectively, the Laws "Company SEC Reports"). As of the respective dates such Company SEC Reports were filed or, if any such jurisdictionCompany SEC Reports were amended, as of the date such amendment was filed, each of the Company SEC Reports, including without limitation any financial statements or schedules included therein, (a) complied in all material respects with all applicable requirements of the Securities Act and the Exchange Act, as the case may be, and the applicable rules and regulations promulgated thereunder applicable to such Company SEC Reportsthereunder, and, as of their respective dates, or, if amended, the date of such amendment. None of the Company SEC Reports contained and (b) did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, provided that, if the Company amends any . None of the Company SEC Reports, the fact of the filing of such amendment shall not, in and of itself, be deemed to mean or imply that any representation or warranty in this Agreement was not true when made or became untrue thereafter. Except by reason of their serving as guarantors of the Notes, no Subsidiary Subsidiaries is required to file any formforms, report reports or other document documents with the SECSEC pursuant to Section 12 or 15 of the Exchange Act.