Common use of Certain Interests Clause in Contracts

Certain Interests. (a) Except as disclosed in Schedule 3.20, no officer or director of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC or any Subsidiary, provided, however, that the ownership of securities representing no more than one percent of the outstanding voting power of any competitor, supplier or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" so long as the person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERC, the LLC or any Subsidiary uses or has used in the conduct of its business or otherwise; or (iii) has outstanding any material indebtedness to ERC, the LLC or any Subsidiary. (b) Except as disclosed in Schedule 3.20(b), no officer or director of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c), neither ERC, the LLC nor any Subsidiary has any liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERC, the LLC or any Subsidiary or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder.

Certain Interests. (a) Except as disclosed set forth in Section 5.18(a) of the CGI Disclosure Schedule 3.20or in the CGI SEC Reports, no officer or director (excluding outside directors) of ERC, the LLC CGI or any Subsidiary CGI Subsidiary, and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such shareholder, officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC or any Subsidiary, ; provided, however, that the ownership of securities representing no more than one two percent of the outstanding voting power of any competitor, supplier or customer, and which are also listed on any national securities exchange or traded actively in the national over-the-the- counter market, shall not be deemed to be a "financial interest" so long as the person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERC, the LLC CGI or any CGI Subsidiary uses or has used in the conduct of its business or otherwise; or (iii) has outstanding any material indebtedness to ERC, the LLC CGI or any CGI Subsidiary. (b) Except as disclosed set forth in Schedule 3.20(b), no officer or director Section 5.18(b) of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)CGI Disclosure Schedule, neither ERC, the LLC CGI nor any CGI Subsidiary has any liability or any other material obligation of any nature whatsoever to any officer, officer or director or shareholder of ERC, the LLC CGI or any Subsidiary CGI Subsidiary, or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officerofficer or director, director other than immaterial liabilities and obligations incurred in the ordinary course of business which are reflected in the CGI Reports or shareholderwith respect to which adequate reserves have been taken.

Certain Interests. (a) Except as disclosed set forth in Schedule 3.20Section 4.18(a) of the STC Disclosure Schedule, no officer or director (excluding outside directors) of ERC, the LLC STC or any Subsidiary STC Subsidiary, and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer competitor of ERC, the LLC or any Subsidiary, STC; provided, however, that the ownership of securities representing no more than one two percent of the outstanding voting power of any competitor, supplier or customer, and which are also listed on any national securities exchange or traded actively in the national over-the-the- counter market, shall not be deemed to be a "financial interest" so long as the person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest interest, in any tangible or intangible property which ERC, the LLC STC or any STC Subsidiary uses or has used in the conduct of its business or otherwise; or (iii) has outstanding any material indebtedness to ERC, the LLC STC or any STC Subsidiary. (b) Except as disclosed set forth in Schedule 3.20(b), no officer or director Section 4.18(b) of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)STC Disclosure Schedule, neither ERC, the LLC STC nor any STC Subsidiary has any liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERC, the LLC STC or any Subsidiary STC Subsidiary, or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder, other than immaterial liabilities and obligations incurred in the ordinary course of business which are reflected in the STC Reports or with respect to which adequate reserves have been taken.

Certain Interests. (a) Except as disclosed set forth in Section 5.18(a) of the CGI Disclosure Schedule 3.20or in the CGI SEC Reports, no officer or director (excluding outside directors) of ERC, the LLC CGI or any Subsidiary CGI Subsidiary, and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such shareholder, officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC or any Subsidiary, ; provided, however, that the ownership of securities representing no more than one two percent of the outstanding voting power of any competitor, supplier or customer, and which are also listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" so long as the person owning such securities has no other connection or relationship with such competitor, supplier or customer;; 45 39 (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERC, the LLC CGI or any CGI Subsidiary uses or has used in the conduct of its business or otherwise; or (iii) has outstanding any material indebtedness to ERC, the LLC CGI or any CGI Subsidiary. (b) Except as disclosed set forth in Schedule 3.20(b), no officer or director Section 5.18(b) of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)CGI Disclosure Schedule, neither ERC, the LLC CGI nor any CGI Subsidiary has any liability or any other material obligation of any nature whatsoever to any officer, officer or director or shareholder of ERC, the LLC CGI or any Subsidiary CGI Subsidiary, or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officerofficer or director, director other than immaterial liabilities and obligations incurred in the ordinary course of business which are reflected in the CGI Reports or shareholderwith respect to which adequate reserves have been taken.

Certain Interests. (a) Except as disclosed in Schedule 3.20Section 3.14(a) of the Disclosure Schedule, no officer or director of ERC, the LLC Company or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC Company or any Subsidiary, providedPROVIDED, howeverHOWEVER, that the ownership of securities representing no more than one percent of the outstanding voting power of any competitor, supplier or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" so long as the person Person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERC, the LLC Company or any Subsidiary uses or has used in the conduct of its business the Business or otherwise; or (iii) has outstanding any material indebtedness Indebtedness to ERC, the LLC Company or any Subsidiary. (b) Except as disclosed in Schedule 3.20(b)Section 3.14(b) of the Disclosure Schedule, no officer or director of ERC, the LLC Company or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness Indebtedness to the ERC Shareholdersany Seller. (c) Except as disclosed in Schedule 3.20(c)Section 3.14(c) of the Disclosure Schedule, neither ERC, the LLC Company nor any Subsidiary has any liability Liability or any other obligation of any nature whatsoever to any officer, except for compensation under a plan disclosed pursuant to Section 3.23, director or shareholder of ERC, the LLC Company or any Subsidiary or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder.

Certain Interests. (a) Except as disclosed in Section 3.23(a) of the Traq Disclosure Schedule 3.20and to Traq’s knowledge, no holder of five percent (5%) or more of Traq’s capital stock (on an as-converted basis) or officer or director of ERC, the LLC Traq or any Subsidiary of its Subsidiaries and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such stockholder, officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC Traq or any Subsidiaryof its Subsidiaries, provided, however, that (A) the ownership of securities representing no more than one five percent (5%) of the outstanding voting power of any competitor, supplier or customer, and or (B) ownership securities representing no more than five percent (5%) of the outstanding voting power of any competitor, supplier or customer which are listed on any national securities exchange or traded actively in the national over-the-counter market, in each case shall not be deemed to be a "“financial interest" ” so long as the person Person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any material tangible or intangible property which ERC, the LLC that Traq or any Subsidiary of its Subsidiaries currently uses or has used within the last year in the conduct of the business of Traq or any of its business or otherwiseSubsidiaries; or (iii) has outstanding any material indebtedness Indebtedness to ERC, the LLC Traq or any Subsidiaryof its Subsidiaries. (b) Except as disclosed in Schedule 3.20(b), no officer or director Section 3.23(b) of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)Traq Disclosure Schedule, neither ERC, the LLC Traq nor any Subsidiary of its Subsidiaries has any liability Liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERC, the LLC Traq or any Subsidiary of its Subsidiaries or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder.

Certain Interests. (a) Except as disclosed in Schedule 3.20Section 3.16(a) of the Disclosure Schedule, no officer or director of ERC, the LLC Company or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, with or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC Company or any Subsidiary, ; provided, however, that the ownership of securities representing no more than one (1%) percent of the outstanding voting power of any competitor, supplier or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, market shall not be deemed to be a "financial interest" so long as the person Person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERC, the LLC Company or any Subsidiary uses or has used in the conduct of its business the Business or otherwise; : or (iii) has outstanding any material indebtedness Indebtedness to ERC, the LLC Company or any Subsidiary. (b) Except as disclosed in Schedule 3.20(b)Section 3.16(b) of the Disclosure Schedule, no officer or director of ERC, the LLC Company or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director director, has outstanding any indebtedness Indebtedness to Xxxxxxxxx or the ERC ShareholdersCompany or any Subsidiary. (c) Except as disclosed in Schedule 3.20(c)Section 3.16(c) of the Disclosure Schedule, neither ERC, the LLC Company nor any Subsidiary has any liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERC, the LLC Company or any Subsidiary or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder. (d) Except as disclosed in Section 3.16(d) of the Disclosure Statement, no employee of the Company or its Subsidiaries is a relative or spouse of a director, officer or senior manager of Industrial Acoustics Company, Inc. or Industrial Acoustics Company Limited.

Certain Interests. (a) Except as disclosed in Schedule 3.20, no Neither STT Communications nor any officer or director of ERC, the LLC each of STT Communications or any subsidiary of STT Communications, i-STT or any i-STT Subsidiary and, to the knowledge of STT Communications and i-STT, no immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any creditor, competitor, supplier manufacturer, agent, representative, distributor or customer of ERC, the LLC i-STT or any i-STT Subsidiary, ; provided, however, that the ownership of securities representing no more than one percent 1% of the outstanding voting power of any creditor, competitor, supplier manufacturer, agent, representative, distributor or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "“financial interest" so ” as long as the person owning such securities has no other connection or relationship with such creditor, competitor, supplier supplier, manufacturer, agent, representative, distributor or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in in, any tangible or intangible property which ERC, the LLC that i-STT or any i-STT Subsidiary uses or has used in the conduct of its business (except for any such ownership or otherwise; orinterest resulting from the ownership of securities in a public company); (iii) has any claim or cause of action against i-STT or any i-STT Subsidiary (other than claims arising out of employment agreements disclosed in the i-STT Disclosure Letter); or (iv) has outstanding any material indebtedness to ERC, the LLC i-STT or any i-STT Subsidiary. (b) Except as disclosed for the payment of employee compensation in Schedule 3.20(b)the ordinary course of business, no officer or director of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)consistent with past practice, neither ERC, the LLC i-STT nor any i-STT Subsidiary has any liability or any other obligation of any nature whatsoever to any officer, officer or director or shareholder of ERC, the LLC STT Communications or any subsidiary of STT Communications, i-STT or any i-STT Subsidiary or, to the knowledge of STT Communications or i-STT, to any immediate relative or spouse (or immediate relative of such spouse) who resides with, or is a dependent of, of any such officer, director officer or shareholderdirector.

Certain Interests. (a) Except as disclosed in Schedule 3.20Section 3.15(a) of the Disclosure Schedule, no officer or director of ERCthe Seller, the LLC Parent, the Company or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC Company or any Subsidiary, provided, however, that the ownership of securities representing no more than one percent of the outstanding voting power of any competitor, supplier or customer, and which are listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" so long as the person Person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERC, the LLC Company or any Subsidiary uses or has used in the conduct of its business the Business or otherwise; or (iii) has outstanding any material indebtedness Indebtedness to ERC, the LLC Company or any Subsidiary. (b) Except as disclosed in Schedule 3.20(b)Section 3.15(b) of the Disclosure Schedule, no officer or director of ERC, the LLC Company or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness Indebtedness to the ERC ShareholdersSeller. (c) Except as disclosed in Schedule 3.20(c)Section 3.15(c) of the Disclosure Schedule, neither ERC, the LLC Company nor any Subsidiary has any liability Liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERCthe Seller, the LLC Company or any Subsidiary or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder.

Certain Interests. (a) Except as disclosed set forth in Section 5.18(a) of the CGI Disclosure Schedule 3.20or in the CGI SEC Reports, no officer or director (excluding outside directors) of ERC, the LLC CGI or any Subsidiary CGI Subsidiary, and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such shareholder, officer or director: : (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC or any Subsidiary, ; provided, however, that the ownership of securities representing no more than one two percent of the outstanding voting power of any competitor, supplier or customer, and which are also listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" so long as the person owning such securities has no other connection or relationship with such competitor, supplier or customer; ; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERC, the LLC CGI or any CGI Subsidiary uses or has used in the conduct of its business or otherwise; or or (iii) has outstanding any material indebtedness to ERC, the LLC CGI or any CGI Subsidiary. (b) Except as disclosed set forth in Schedule 3.20(b), no officer or director Section 5.18(b) of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)CGI Disclosure Schedule, neither ERC, the LLC CGI nor any CGI Subsidiary has any liability or any other material obligation of any nature whatsoever to any officer, officer or director or shareholder of ERC, the LLC CGI or any Subsidiary CGI Subsidiary, or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officerofficer or director, director other than immaterial liabilities and obligations incurred in the ordinary course of business which are reflected in the CGI Reports or shareholderwith respect to which adequate reserves have been taken. ARTICLE VI COVENANTS SECTION 6.01.

Certain Interests. (a) Except as disclosed in Section 4.23(a) of the Tangoe Disclosure Schedule 3.20and to Tangoe’s knowledge, no holder of five percent (5%) or more of Tangoe’s capital stock (on an as-converted basis) or officer or director of ERC, the LLC Tangoe or any Subsidiary of its Subsidiaries and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such stockholder, officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERC, the LLC Tangoe or any Subsidiaryof its Subsidiaries, provided, however, that (A) the ownership of securities representing no more than one five percent (5%) of the outstanding voting power of any competitor, supplier or customer, and or (B) ownership securities representing no more than five percent (5%) of the outstanding voting power of any competitor, supplier or customer which are listed on any national securities exchange or traded actively in the national over-the-counter market, in each case shall not be deemed to be a "“financial interest" ” so long as the person Person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any material tangible or intangible property which ERC, the LLC that Tangoe or any Subsidiary of its Subsidiaries currently uses or has used within the last year in the conduct of its business or otherwisebusiness; or (iii) has outstanding any material indebtedness Indebtedness to ERC, the LLC Tangoe or any Subsidiaryof its Subsidiaries. (b) Except as disclosed in Schedule 3.20(b), no officer or director Section 4.23(b) of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)Tangoe Disclosure Schedule, neither ERC, the LLC Tangoe nor any Subsidiary of its Subsidiaries has any liability Liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERC, the LLC Tangoe or any Subsidiary of its Subsidiaries or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder.

Certain Interests. (a) Except as disclosed in Schedule 3.20Section 3.16(a) of the Company Disclosure Schedule, no shareholder, officer or director of ERCthe Company, the LLC any Company Subsidiary or any Subsidiary Related Entity and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such shareholder, officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer of ERCthe Company, the LLC or any Company Subsidiary, providedany Related Entity or the Business; PROVIDED, howeverHOWEVER, that the ownership of securities representing no more than one five percent of the outstanding voting power of any competitor, supplier or customer, and which are also listed on any national securities exchange or traded actively in the national over-the-counter marketexchange, shall not be deemed to be a "financial interest" so long as the person Person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest in any tangible or intangible property which ERCthe Company, the LLC any Company Subsidiary or any Subsidiary Related Entity uses or has used in the conduct of its business the Business or otherwise; or (iii) has outstanding any material indebtedness Indebtedness to ERCthe Company, the LLC any Company Subsidiary or any SubsidiaryRelated Entity. (b) Except as disclosed in Schedule 3.20(b)Section 3.02(b) of the Company Disclosure Schedule, no officer or director and except with respect to expense reimbursements due in the ordinary course of ERCbusiness, none of the LLC Company, any Company Subsidiary or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c), neither ERC, the LLC nor any Subsidiary Related Entity has any liability Liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERCthe Company, the LLC any Company Subsidiary or any Subsidiary Related Entity or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder.

Certain Interests. (a) Except as disclosed set forth in Schedule 3.20Section 4.18(a) of the STC Disclosure Schedule, no officer or director (excluding outside directors) of ERC, the LLC STC or any Subsidiary STC Subsidiary, and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director: (i) has any direct or indirect financial interest in any competitor, supplier or customer competitor of ERC, the LLC or any Subsidiary, STC; provided, however, that the ownership of securities representing no more than one two percent of the outstanding voting power of any competitor, supplier or customer, and which are also listed on any national securities exchange or traded actively in the national over-the-counter market, shall not be deemed to be a "financial interest" so long as the person owning such securities has no other connection or relationship with such competitor, supplier or customer; (ii) owns, directly or indirectly, in whole or in part, or has any other interest interest, in any tangible or intangible property which ERC, the LLC STC or any STC Subsidiary uses or has used in the conduct of its business or otherwise; or (iii) has outstanding any material indebtedness to ERC, the LLC STC or any STC Subsidiary. (b) Except as disclosed set forth in Schedule 3.20(b), no officer or director Section 4.18(b) of ERC, the LLC or any Subsidiary and no relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer or director has outstanding any indebtedness to the ERC Shareholders. (c) Except as disclosed in Schedule 3.20(c)STC Disclosure Schedule, neither ERC, the LLC STC nor any STC Subsidiary has any liability or any other obligation of any nature whatsoever to any officer, director or shareholder of ERC, the LLC STC or any Subsidiary STC Subsidiary, or to any relative or spouse (or relative of such spouse) who resides with, or is a dependent of, any such officer, director or shareholder, other than immaterial liabilities and obligations incurred in the ordinary course of business which are reflected in the STC Reports or with respect to which adequate reserves have been taken.