Common use of Company Reports; Financial Statements Clause in Contracts

Company Reports; Financial Statements. (a) The Company has delivered to the Investor a true and complete copy of (i) the Company's Annual Report on Form 10-K for the fiscal years ended August 31, 1996, 1995 and 1994; (ii) the Company's Quarterly Report on Form 10-Q for the periods ended November 30, 1996, February 29, 1997 and May 30, 1997; and (iii) each registration statement, report on Form 8-K and Form 8-A, proxy statement, information statement or other document, report or statement filed by the Company or any of its Subsidiaries with the Commission since December 31, 1994, in each case in the form (including financial statements, schedules, exhibits and any amendments thereto) filed with the Commission (collectively, the "SEC Reports"). As of their respective dates, the SEC Reports (i) were timely filed with the Commission; (ii) complied, in all material respects, with the applicable requirements of the Exchange Act and the Securities Act; and (iii) did not contain any untrue statement of a material fact or 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. Other than the SEC Reports, the Company and its Subsidiaries have not filed or been required to file any other reports or statements with the Commission since December 31, 1994.

Company Reports; Financial Statements. The Company has made all filings required to be made with the SEC since January 1, 1995 (acollectively, including any such reports filed subsequent to the date hereof, the "Company Reports") The and the Company has delivered to Purchaser each registration statement, schedule, report, proxy statement or information statement prepared by it since December 31, 1998 (the Investor a true and complete copy of "Audit Date"), including, without limitation, (i) the Company's Annual Report on Form 10-K for the fiscal years year ended August December 31, 19961998, 1995 and 1994; (ii) the Company's Quarterly Report on Form 10-Q for the periods period ended November 30Marcx 00, 19960000, February 29, 1997 and May 30, 1997; and (iiixxx) each registration statement, report x Xurrent Report on Form 8-K dated February 19, 1999, (iv) a definitive proxy statement on Schedule 14A dated April 2, 1999 and (v) a Registration Statement on Form 8-AS-8 dated June 1, proxy statement1999, information statement or other document, report or statement filed by the Company or any of its Subsidiaries with the Commission since December 31, 1994, in each case in the form (including financial statements, schedules, exhibits and any amendments thereto) filed with the Commission (collectively, the "SEC Reports")SEC. As of their respective dates, the SEC Company Reports (i) were timely did not, and any Company Reports filed with the Commission; (ii) compliedSEC subsequent to the date hereof will not, in all material respects, with the applicable requirements of the Exchange Act and the Securities Act; and (iii) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under in which they were made, not misleading. Other than Each of the SEC Reports, the Company and its Subsidiaries have not filed or been required to file any other reports or statements with the Commission since December 31, 1994.consolidated balance sheets included

Company Reports; Financial Statements. (a) The Company has delivered to the Investor a Purchaser true and complete copy copies of (i) each registration statement, report on Form 8-K, and proxy statement or information statement filed by it since December 31, 1995, (ii) the Company's Annual Report on Form 10-K for the fiscal years year ended August December 31, 19961995, 1995 (iii) the Company's Registration Statement on Form S-8 (Commission Number 333-05746); and 1994; (iiiv) the Company's Quarterly Report Reports on Form 10-Q for the periods ended November March 31, 1996, June 30, 1996 and September 30, 1996, February 29, 1997 and May 30, 1997; and (iii) each registration statement, report on Form 8-K and Form 8-A, proxy statement, information statement or other document, report or statement filed by the Company or any of its Subsidiaries with the Commission since December 31, 1994, in each case in the form (including financial statements, schedules, exhibits and any amendments thereto) filed with the Commission SEC (collectively, the "SEC Company Reports"). As of their respective dates, the SEC Company Reports (i) were timely filed with the Commission; (ii) complied, prepared in all material respects, respects in accordance with the applicable requirements of the Exchange Securities Act of 1933, as amended, (the "Securities Act") and the Securities Exchange Act; , as applicable, and (iii) the rules and regulations of the SEC applicable thereto and the Company Reports did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under in which they were made, not misleading. Other than the SEC Company Reports, the Company and its Subsidiaries have has not filed or been required to file any other definitive reports or statements with the Commission SEC since December 31, 19941995.