Common use of Company Reports; Financial Statements Clause in Contracts

Company Reports; Financial Statements. The Company has made all filings required to be made with the SEC since January 1, 1995 (collectively, including any such reports filed subsequent to the date hereof, the "Company Reports") 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 "Audit Date"), including, without limitation, (i) the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 1998, (ii) the Company's Quarterly Report on Form 10-Q for the period ended Marcx 00, 0000, (xxx) 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 S-8 dated June 1, 1999, each in the form (including exhibits and any amendments thereto) filed with the SEC. As of their respective dates, the Company Reports did not, and any Company Reports filed with the SEC subsequent to the date hereof will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances in which they were made, not misleading. Each of the consolidated balance sheets included

Company Reports; Financial Statements. The Company has made all filings required to be made with the SEC since January 1, 1995 (collectively, including any such reports filed subsequent to the date hereof, the "Company Reports") and the Company has delivered to the Purchaser true and complete copies of (i) each registration statement, schedulereport on Form 8-K, report, and proxy statement or information statement prepared filed by it since December 31, 1998 (the "Audit Date"), including, without limitation1995, (iii) the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 19981995, (iiiii) the Company's Registration Statement on Form S-8 (Commission Number 333-05746); and (iv) the Company's Quarterly Report Reports on Form 10-Q for the period periods ended Marcx 00March 31, 00001996, (xxx) x Xurrent Report on Form 8-K dated February 19June 30, 19991996 and September 30, (iv) a definitive proxy statement on Schedule 14A dated April 2, 1999 and (v) a Registration Statement on Form S-8 dated June 1, 19991996, each in the form (including exhibits and any amendments thereto) filed with the SECSEC (collectively, the "Company Reports"). As of their respective dates, the Company Reports did notwere prepared in all material respects in accordance with the requirements of the Securities Act of 1933, as amended, (the "Securities Act") and the Exchange Act, as applicable, and any the rules and regulations of the SEC applicable thereto and the Company Reports filed with the SEC subsequent to the date hereof will not, did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances in which they were made, not misleading. Each of Other than the consolidated balance sheets includedCompany Reports, the Company has not filed any other definitive reports or statements with the SEC since December 31, 1995.

Company Reports; Financial Statements. (a) The Company has made all filings required to be made with the SEC since January 1, 1995 (collectively, including any such reports filed subsequent available to the date hereof, the "Company Reports") Investor a true 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 "Audit Date"), including, without limitation, complete copy of (i) the Company's Annual Report on Form 10-K for the fiscal year years ended December 31, 1998, 1996 and 1995; (ii) the Company's Quarterly Report on Form 10-Q for the period periods ended Marcx 00March 31, 0000June 30 and September 30, 1997 and (xxxiii) x Xurrent Report each registration statement, report on Form 8-K dated February 19K, 1999proxy statement, (iv) a definitive proxy information statement on Schedule 14A dated April 2or other report or statement filed by the Company with the Commission since December 31, 1999 1995 and (v) a Registration Statement on Form S-8 dated June 1prior to the date hereof, 1999, in each case in the form (including exhibits and any amendments thereto) filed with the SECCommission (collectively, the "SEC Reports"). As of their respective dates, the SEC Reports and any registration statement, report, proxy statement, information statement or other statement filed by the Company Reports with the Commission before the Closing Date ("Subsequent Reports") (i) was, or will be, as the case may be, timely filed with the Commission; (ii) complied, or will comply, as the case may be, in all material respects, with the applicable requirements of the Exchange Act and the Securities Act, and (iii) did not, and any Company Reports filed with the SEC subsequent to the date hereof or will not, as the case may be, 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 in under which they were made, not misleading. Each of the consolidated balance sheets includedThe Company has filed all reports

Company Reports; Financial Statements. (a) The Company has made all filings required to be made with the SEC since January 1, 1995 (collectively, including any such reports filed subsequent available to the date hereof, the "Company Reports") Purchasers a true 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 "Audit Date"), including, without limitation, complete copy of (i) the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 19981999, (ii) the Company's Quarterly Report on Form 10-Q for the period ended Marcx 00September 30, 00001999 and (iii) each registration statement, (xxx) x Xurrent Report report on Form 8-K dated February 19K, 1999proxy statement, (iv) a definitive proxy information statement on Schedule 14A dated April 2or other report or statement filed by the Company with the Commission since September 30, 1999 and (v) a Registration Statement on Form S-8 dated June 1prior to the date hereof, 1999, in each case in the form (including exhibits and any amendments thereto) filed with the SECCommission (collectively, the "SEC Reports"). As of their respective dates, the SEC Reports and any registration statement, report, proxy statement, information statement or other statement filed by the Company Reports with the Commission after the date hereof and before the Closing Date ("Subsequent Reports") (i) was, or will be, as the case may be, timely filed with the Commission; (ii) complied, or will comply, as the case may be, in all material respects, with the applicable requirements of the Exchange Act and the Securities Act, and (iii) did not, and any Company Reports filed with the SEC subsequent to the date hereof or will not, as the case may be, 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 in under which they were made, not misleading. Each of the consolidated balance sheets included.