Common use of Availability of Information Clause in Contracts

Availability of Information. Summit hereby agrees to provide Roth, at its expense, with all information and documentation with resxxxx to its business, financial condition and other matters as Roth may deem relevant based on the standards of reasonableness and gxxx faith and shall request in connection with Roth's performance under this Agreement, including, without limitatiox, xxxies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth as Roth may request on the effective date of the Registration Stxxxxent xxx on the Closing Date. Summit will make reasonably available to Roth, its auditors, counsel, and officers and directors to discuss wixx Xoth any aspect of Summit which Roth may deem relevant. In addition, Xxxxit, at Roth's request, will xxxxe to be delivered to Roth copies of all certxxxxxxes, opinions, letters and reports to be xxxxvered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth to rely thereon to the same extent as if addressed directly to Rxxx. Summit represents and warrants to Roth that all such informatiox xxd documentation provided pursuant to xxxs paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth of all telephone conversations with the Commission which relate xx xr may affect the Offering.

Availability of Information. Summit hereby agrees to provide RothWelco, at its expense, with all information and documentation with resxxxx respect to its business, financial condition and other matters as Roth Welco may deem relevant based on the standards of reasonableness and gxxx good faith and shall request in connection with RothWelco's performance under this Agreement, including, without limitatioxlimitation, xxxies copies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth Welco as Roth Welco may request on the effective date of the Registration Stxxxxent xxx Statement and on the Closing Date. Summit will make reasonably available to RothWelco, its auditors, counsel, and officers and directors to discuss wixx Xoth with Welco any aspect of Summit which Roth Welco may deem relevant. In addition, XxxxitSummit, at RothWelco's request, will xxxxe cause to be delivered to Roth Welco copies of all certxxxxxxescertificates, opinions, letters and reports to be xxxxvered delivered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth Welco to rely thereon to the same extent as if addressed directly to RxxxWelco. Summit represents and warrants to Roth Welco that all such informatiox xxd information and documentation provided pursuant to xxxs this paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth Welco of all telephone conversations with the Commission which relate xx xr to or may affect the Offering. 7.

Availability of Information. Summit Western United hereby agrees to provide Roth, at its expense, with all information and documentation with resxxxx respxxx to its business, financial condition and other matters as Roth may deem relevant based on the standards of reasonableness and gxxx faith goxx xaith and shall request in connection with Roth's performance under this Agreement, including, without limitatioxlimitation, xxxies xxxxes of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth as Roth may request on the effective date of the Registration Stxxxxent xxx on Staxxxxnt axx xn the Closing Date. Summit Western United will make reasonably available to Roth, its auditors, counsel, and officers and directors to discuss wixx Xoth witx Xxth any aspect of Summit Western United which Roth may deem relevant. In additionaddxxxxn, XxxxitWestern United, at Roth's request, will xxxxe xxll cause to be delivered to Roth copies of all certxxxxxxescertixxxxxxs, opinions, letters and reports to be xxxxvered dxxxxered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth to rely thereon to the same extent as if addressed directly to RxxxRoxx. Summit Western United represents and warrants to Roth that all such informatiox xxd infxxxxtion and documentation provided pursuant to xxxs xxxx paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit Western United will promptly advise Roth of all telephone conversations with the Commission which relate tx xx xr may affect the Offering.

Availability of Information. Summit (a) Each of the Issuers hereby agrees to provide RothLadenburg, at its such Issuer's sole cost and expense, with all information and documentation with resxxxx respect to its business, financial condition and other matters as Roth Ladenburg may deem relevant based on the standards of reasonableness and gxxx faith and shall reasonably request in connection with Roth's its performance under this Agreement, including, without limitatioxlimitation, xxxies copies of all correspondence with the CommissionCommission or the NASD, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth Ladenburg, as Roth Ladenburg may request on or prior to the effective date of Effective Date, on or prior to the Registration Stxxxxent xxx Pricing Date and on or prior to the Closing Date, if then required to be provided under either Underwriting Agreement. Summit Each of the Issuers will make reasonably available to Roth, Ladenburg its auditors, counsel, counsel and officers and directors to discuss wixx Xoth with Ladenburg any aspect of Summit such Issuer which Roth Ladenburg may deem relevant. In addition, Xxxxit, at Roth's request, each of the Issuers will xxxxe cause to be delivered to Roth Ladenburg, when delivered to the Underwriter, copies of all certxxxxxxescertificates, opinions, letters comfort letters, reports and reports to be xxxxvered other documents delivered to the underwriter or underwriters, as the case may be, Underwriter pursuant to any underwriting agreement executed in connection with the Offering or otherwise, Underwriting Agreements and shall cause the person issuing such certificate, opinion, letter comfort letter, report or report other document to authorize Roth Ladenburg to rely thereon to the same extent as if addressed directly to Rxxx. Summit represents and warrants to Roth that all such informatiox xxd documentation provided pursuant to xxxs paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleadingLadenburg. In addition, Summit the Underwriter and each of the Issuers will promptly advise Roth Ladenburg of all telephone conversations with the NASD or the Commission which relate xx xr to or may affect the OfferingOfferings, the DecisionOne S-1 or the Quaker S-1. (b) Xxxxxx & Xxxxxxx will provide, at the Underwriter's expense, to Ladenburg the opinions said counsel shall deliver to the Underwriter as underwriter under the Underwriting Agreements, which opinions shall be addressed to Ladenburg and shall be dated the Closing Date (or any other date on which an opinion is delivered by such counsel pursuant to the Underwriting Agreements). (x) Xxxxxxxxx hereby agrees to cooperate in all reasonable respects with the Underwriter and its counsel in responding to any comments made by the NASD with respect to the Offerings, this Agreement or Ladenburg's role as "Qualified Independent Underwriter".

Availability of Information. Summit hereby agrees to provide RothXxxx, at its expense, with all information and documentation with resxxxx respect to its business, financial condition and other matters as Roth Xxxx may deem relevant based on the standards of reasonableness and gxxx good faith and shall request in connection with Roth's Xxxx'x performance under this Agreement, including, without limitatioxlimitation, xxxies copies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth Xxxx as Roth Xxxx may request on the effective date of the Registration Stxxxxent xxx Statement and on the Closing Date. Summit will make reasonably available to RothXxxx, its auditors, counsel, and officers and directors to discuss wixx Xoth with Xxxx any aspect of Summit which Roth Xxxx may deem relevant. In addition, XxxxitSummit, at Roth's Xxxx'x request, will xxxxe cause to be delivered to Roth Xxxx copies of all certxxxxxxescertificates, opinions, letters and reports to be xxxxvered delivered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth Xxxx to rely thereon to the same extent as if addressed directly to RxxxXxxx. Summit represents and warrants to Roth Xxxx that all such informatiox xxd information and documentation provided pursuant to xxxs this paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth Xxxx of all telephone conversations with the Commission which relate xx xr to or may affect the Offering.

Availability of Information. Summit hereby agrees to provide RothCruttenden, at its expense, with all information and documentation with resxxxx respect to its business, financial condition and other matters as Roth Cruttenden may deem relevant based on the standards of reasonableness and gxxx good faith and shall request in connection with RothCruttenden's performance under this Agreement, including, without limitatioxlimitation, xxxies copies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth Cruttenden as Roth Cruttenden may request on the effective date of the Registration Stxxxxent xxx Statement and on the Closing Date. Summit will make reasonably available to RothCruttenden, its auditors, counsel, and officers and directors to discuss wixx Xoth with Cruttenden any aspect of Summit which Roth Cruttenden may deem relevant. In addition, XxxxitSummit, at RothCruttenden's request, will xxxxe cause to be delivered to Roth Cruttenden copies of all certxxxxxxescertificates, opinions, letters and reports to be xxxxvered delivered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth Cruttenden to rely thereon to the same extent as if addressed directly to RxxxCruttenden. Summit represents and warrants to Roth Cruttenden that all such informatiox xxd information and documentation provided pursuant to xxxs this paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth Cruttenden of all telephone conversations with the Commission which relate xx xr to or may affect the Offering.

Availability of Information. Summit Metropolitan hereby agrees to provide Roth, at its expense, with all information and documentation with resxxxx respxxx to its business, financial condition and other matters as Roth may deem relevant based on the standards of reasonableness and gxxx faith goxx xaith and shall request in connection with Roth's performance under this Agreement, including, without limitatioxlimitation, xxxies xxxxes of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth as Roth may request on the effective date of the Registration Stxxxxent xxx on Staxxxxnt axx xn the Closing Date. Summit Metropolitan will make reasonably available to Roth, its auditors, counsel, and officers and directors to discuss wixx Xoth witx Xxth any aspect of Summit Metropolitan which Roth may deem relevant. In additionadditxxx, XxxxitMetropolitan, at Roth's request, will xxxxe xxxx cause to be delivered to Roth copies of all certxxxxxxescertixxxxxxs, opinions, letters and reports to be xxxxvered dxxxxered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth to rely thereon to the same extent as if addressed directly to RxxxRoxx. Summit Metropolitan represents and warrants to Roth that all such informatiox xxd inforxxxxon and documentation provided pursuant to xxxs xxxx paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit Metropolitan will promptly advise Roth of all telephone conversations with the Commission which relate tx xx xr may affect the Offering.

Availability of Information. Summit hereby agrees to provide RothWELCO, at its expense, with all information and documentation with resxxxx respect to its business, financial condition and other matters as Roth WELCO may deem relevant based on the standards of reasonableness and gxxx good faith and shall request in connection with RothWELCO's performance under this Agreement, including, without limitatioxlimitation, xxxies copies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth WELCO as Roth WELCO may request on the effective date of the Registration Stxxxxent xxx on the Closing DateStatement. Summit will make reasonably available to RothWELCO, its auditors, counsel, 50 and officers and directors to discuss wixx Xoth with WELCO any aspect of Summit which Roth WELCO may deem relevant. In addition, XxxxitSummit, at RothWELCO's request, will xxxxe cause to be delivered to Roth WELCO copies of all certxxxxxxescertificates, opinions, letters and reports to be xxxxvered delivered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth WELCO to rely thereon to the same extent as if addressed directly to RxxxWELCO. Summit represents and warrants to Roth WELCO that all such informatiox xxd information and documentation provided pursuant to xxxs this paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth WELCO of all telephone conversations with the Commission which relate xx xr to or may affect the Offering.

Availability of Information. Summit (a) The Corporation hereby agrees to provide RothBurnxxx, at its the Corporation's sole cost and expense, with all information and documentation with resxxxx respect to its business, financial condition and other matters as Roth may Burnxxx xxx reasonably deem relevant based on the standards of reasonableness and gxxx faith and shall reasonably request in connection with Roth's its performance under this Agreement, including, without limitatioxlimitation, xxxies copies of all correspondence with the CommissionCommission or the NASD, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth as Roth may request on the effective date of the Registration Stxxxxent xxx on the Closing Date. Summit will make reasonably available to Roth, its auditors, counsel, and officers and directors to discuss wixx Xoth any aspect of Summit which Roth may deem relevant. In addition, Xxxxit, at Roth's request, will xxxxe to be delivered to Roth copies of all certxxxxxxes, opinions, letters and reports to be xxxxvered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth to rely thereon to the same extent as if addressed directly to Rxxx. Summit Corporation represents and warrants to Roth that Burnxxx xxxt all such informatiox xxd information and documentation provided pursuant to xxxs paragraph 6 this Section 5 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement statements therein not misleadingmisleading in light of the circumstances under which they were made. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Burnxxx, xx the extent available, as Burnxxx xxx request on or prior to the Effective Date, on or prior to the Pricing Date and on or prior to the Closing Date. The Corporation will make reasonably available to Burnxxx xxx auditors, counsel and officers and directors to discuss with Burnxxx xxx aspect of the Corporation which Burnxxx xxx deem relevant. In addition, Summit the Corporation will cause to be delivered to Burnxxx, xxen delivered to the Underwriter, copies of all certificates, opinions, comfort letters, reports and other documents delivered to the Underwriter pursuant to the Underwriting Agreement and shall cause the person issuing such certificate, opinion, comfort letter, report or other document to authorize Burnxxx xx rely thereon to the same extent as if addressed directly to Burnxxx. Xx addition, the Underwriter and the Corporation will promptly advise Roth Burnxxx of all telephone conversations with the NASD or the Commission which relate xx xr to or may affect the Offering or the S-1. (b) Paul, Hastings, Janoxxxx & Xalkxx XXX will provide, at the Underwriter's expense, to Burnxxx xxx opinion said counsel shall deliver to the Underwriter, under the Underwriting Agreement, which opinion shall be addressed to Burnxxx xxx shall be dated the Closing Date (or any other date on which an opinion is delivered by such counsel pursuant to the Underwriting Agreement). (c) Burnxxx xxxeby agrees to cooperate in all reasonable respects with the Underwriter and its counsel in responding to any comments made by the NASD with respect to the Offering, this Agreement or Burnxxx'x xxxe as "Qualified Independent Underwriter".

Availability of Information. Summit hereby agrees to provide RothWELCO, at its expense, with all information and documentation with resxxxx respect to its business, financial condition and other matters as Roth WELCO may deem relevant based on the standards of reasonableness and gxxx good faith and shall request in connection with RothWELCO's performance under this Agreement, including, without limitatioxlimitation, xxxies copies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth WELCO as Roth WELCO may request on the effective date of the Registration Stxxxxent xxx on the Closing DateStatement. Summit will make reasonably available to RothWELCO, its auditors, counsel, and officers and directors to discuss wixx Xoth with WELCO any aspect of Summit which Roth WELCO may deem relevant. In 49 addition, XxxxitSummit, at RothWELCO's request, will xxxxe cause to be delivered to Roth WELCO copies of all certxxxxxxescertificates, opinions, letters and reports to be xxxxvered delivered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth WELCO to rely thereon to the same extent as if addressed directly to RxxxWELCO. Summit represents and warrants to Roth WELCO that all such informatiox xxd information and documentation provided pursuant to xxxs this paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth WELCO of all telephone conversations with the Commission which relate xx xr to or may affect the Offering.

Availability of Information. Summit hereby agrees to provide Roth, at its expense, with all information and documentation with resxxxx to its business, financial condition and other matters as Roth may deem relevant based on the standards of reasonableness and gxxx faith and shall request in connection with Roth's performance under this Agreement, including, without limitatiox, xxxies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth as Roth may request on the effective date of the Registration Stxxxxent xxx on the Closing Date. Summit will make reasonably available to Roth, its auditors, counsel, and officers and directors to discuss wixx Xoth any aspect of Summit which Roth may deem relevant. In addition, Xxxxit, at Roth's request, will xxxxe xxxxx to be delivered to Roth copies of all certxxxxxxescertificates, opinions, letters and reports to be xxxxvered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth to rely thereon to the same extent as if addressed directly to Rxxx. Summit represents and warrants to Roth that all such informatiox xxd documentation provided pursuant to xxxs paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth of all telephone conversations with the Commission which relate xx xr may affect the Offering.

Availability of Information. Summit hereby agrees to provide Roth, at its expense, with all information and documentation with resxxxx to its business, financial condition and other matters as Roth may deem relevant based on the standards of reasonableness and gxxx faith and shall request in connection with Roth's performance under this Agreement, including, without limitatiox, xxxies of all correspondence with the Commission, certificates of its officers, opinions of its counsel and comfort letters from its auditors. The above-mentioned certificates, opinions of counsel and comfort letters shall be provided to Roth as Roth may request on the effective date of the Registration Stxxxxent xxx on the Closing Date. Summit will make reasonably available to Roth, its auditors, counsel, and officers and directors to discuss wixx Xoth any aspect of Summit which Roth may deem relevant. In addition, Xxxxit, at Roth's request, will xxxxe to cxxxx xo be delivered to Roth copies of all certxxxxxxescertificates, opinions, letters and reports to be xxxxvered to the underwriter or underwriters, as the case may be, pursuant to any underwriting agreement executed in connection with the Offering or otherwise, and shall cause the person issuing such certificate, opinion, letter or report to authorize Roth to rely thereon to the same extent as if addressed directly to Rxxx. Summit represents and warrants to Roth that all such informatiox xxd documentation provided pursuant to xxxs paragraph 6 will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement therein not misleading. In addition, Summit will promptly advise Roth of all telephone conversations with the Commission which relate xx xr may affect the Offering.