Common use of Information Provided Clause in Contracts

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended January 2, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A (the "1998 10-K"), (2) Quarterly Reports on Form 10-QSB for the fiscal quarters ended April 3, 1999 and July 3, 1999, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 Annual Meeting of Shareholders held on May 12, 1999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended January 2December 31, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1997 (the "1998 1997 10-K"), (2) Quarterly Reports on Form 10-QSB Q for the fiscal quarters ended April 3March 31, 1999 1998 (as amended on Form 10-QSB/A), June 30, 1998 and July 3September 30, 19991998, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 1998 Annual Meeting of Shareholders held on May March 12, 19991998 and (4) Current Reports on Form 8-K and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 7, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended January 2, 1999, 1999 (as amended by Amendment No. 1 thereto on Form 10-KSB/A A) (the "1998 10-K"), (2) Quarterly Reports on Form 10-QSB for the fiscal quarters ended April 3, 1999 and 1999, July 3, 19991999 and October 2, 1999 (as amended by Amendment No. 1 thereto on Form 10-QSB/A), (3) Current Reports on Form 8-K, dated December 28, 1998 and 1998, January 8, 1999 and September 17, 1999 and (4) definitive proxy statement for the Company's 1999 Annual Meeting of Shareholders held on May 12, 1999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares Price Guarantee Rights which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without . Without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended January 2December 31, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A (the "1998 10-K")1996, (2) Quarterly Reports on Form 10-QSB Q for the fiscal quarters ended April 3March 31, 1999 June 30 and July 3September 30, 19991997, (3) Current Reports Report on Form 8-K, K dated December 289, 1998 and January 81997, 1999 and (4) definitive proxy statement for Amendment No. 1 to the Company's 1999 Annual Meeting of Shareholders held Registration Statement on May 12, 1999, in each case as Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involves involve a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Common Shares and the issuance of the Warrants and the offer of the Common Warrant Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2December 31, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1998 (the "1998 10-K"), (2) Quarterly Reports on Form 10-QSB Q for the fiscal quarters ended April 3March 31, 1999, June 30, 1999 and July 3September 30, 1999, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 Annual Meeting of Shareholders held on May 12June 24, 1999 and (4) Current Reports on Form 8-K filed June 28, July 1, July 8, July 19, August 26, August 30, September 14, September 15, 1999 and December 6, 1999 and on Form 8-K/A filed April 19, July 1, July 12 and November 15, 1999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the BuyItNow Warrants and the offer of the Common Shares and the BuyItNow Interests which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2March 31, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1999 (the "1998 1999 10-K"), (2) Quarterly Reports on Form 10-QSB Q for the fiscal quarters ended April 3June 30, 1999, September 30, 1999 and July 3December 31, 1999, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8K filed September 9, 1999 and October 1, 1999, and (4) definitive proxy statement for the Company's 1999 Annual Meeting of Shareholders Stockholders held on May 12January 20, 19992000, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2June 30, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1999 (the "1998 1999 10-K"), (2) Quarterly Reports Report on Form 10-QSB Q for the fiscal quarters quarter ended April 3, 1999 and July 3September 30, 1999, and (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 Annual Meeting of Shareholders to be held on May 12December 10, 1999, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2February 28, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1998 (the "1998 10-K"), (2) Quarterly Reports Report on Form 10-QSB Q for the fiscal quarters quarter ended April 3May 31, 1999 1998, and July 3, 1999, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 1998 Annual Meeting of Shareholders held on May 12, 1999Shareholders, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Note and the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2June 30, 19991997, as amended by Amendment No. 1 thereto on Form 10-KSBK/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1998 1997 10-K"), (2) Quarterly Reports on Form 10-QSB 10- Q for the fiscal quarters ended April 3September 30, 1999 1997, December 31, 1997 and July 3March 31, 19991998, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 1997 Annual Meeting of Shareholders Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on May 12June 30, 19991998, and (5) Current Reports on Form 8-K dated July 10, 1997, July 23, 1997 and March 10, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Initial Preferred Shares and the issuance of the Warrants Warrant and the offer of the Common Shares and the Additional Preferred Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received complete and satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended January 2December 31, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1996 (the "1998 1996 10-K"), (2) Quarterly Reports Report on Form 10-QSB for the fiscal quarters quarter ended April 3March 31, 1999 and July 3, 19991997 (the "March 31 10-Q), (3) Current Reports Report on Form 8-KK dated March 18, dated December 28, 1998 and January 8, 1999 1997 and (4) definitive proxy statement for the Company's 1999 1996 Annual Meeting of Shareholders held on May 12, 1999Meeting, in each case as filed with the SEC (collectively, the "SEC Reports")) and a draft of the Quarterly Report on Form 10-QSB for the fiscal quarter ended June 30, 1997; and the Buyer understands that its investment in the Shares involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares Note and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2June 30, 19991997, as amended by Amendment No. 1 thereto on Form 10-KSBK/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1998 1997 10-K"), (2) Quarterly Reports on Form 10-QSB Q for the fiscal quarters ended April 3September 30, 1999 1997, December 31, 1997 and July 3March 31, 19991998, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 1997 Annual Meeting of Shareholders Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on May 12June 30, 19991998, and (5) Current Reports on Form 8-K dated July 10, 1997, July 23, 1997 and March 10, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Note and the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2June 30, 19991997, as amended by Amendment No. 1 thereto on Form 10-KSBK/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1998 1997 10-K"), (2) Quarterly Reports on Form 10-QSB Q for the fiscal quarters ended April 3September 30, 1999 1997, December 31, 1997 and July 3March 31, 19991998, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 1997 Annual Meeting of Shareholders Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on May 12June 30, 19991998, and (5) Current Reports on Form 8-K dated July 10, 1997, July 23, 1997 and March 10, 1998, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended January 2December 31, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1996 (the "1998 1996 10-K"), (2) Quarterly Reports on Form 10-QSB Q for the fiscal quarters ended April 3March 31, 1999 1997, June 30, 1997 and July 3September 30, 19991997, (3) Current Reports on Form 8-K, dated December 28, 1998 and January 8, 1999 and (4) definitive proxy statement for the Company's 1999 1997 Annual Meeting of Shareholders held and (4) Current Reports on May 12Form 8-K dated October 16, 19991997, October 28, 1997 (as amended by Amendment No. 1 thereto on Form 8-K/A) and November 3, 1997, in each case as filed with the SEC (collectively, the "SEC Reports"); and the Buyer understands that its investment in the Shares Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the offer and sale of the Initial Preferred Shares and the issuance of the Warrants Warrant and the offer of the Common Shares and the Additional Preferred Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received complete and satisfactory answers to any such inquiries; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended January 2December 31, 1999, as amended by Amendment No. 1 thereto on Form 10-KSB/A 1996 (the "1998 1996 10-K"), (2) Quarterly Reports Report on Form 10-QSB 10QSB for the fiscal quarters quarter ended April 3March 31, 1999 and July 3, 19991997 (the "March 31 10-Q), (3) Current Reports Report on Form 8-KK dated March 18, dated December 28, 1998 and January 8, 1999 1997 and (4) definitive proxy statement for the Company's 1999 1996 Annual Meeting of Shareholders held on May 12, 1999Meeting, in each case as filed with the SEC (collectively, the "SEC Reports"); ) and a draft of the Quarterly Report on Form 1O-QSB for the fiscal quarter ended June 30, 1997, and the Buyer understands that its investment in the Shares involves a high degree of risk;