Common use of Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act Clause in Contracts

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company and to the extent applicable its Subsidiary has designed and maintains a system of internal controls over financial reporting and accounting sufficient to provide reasonable assurances regarding the reliability of financial reporting and the preparation of financial statements for external purposes. The Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient to provide reasonable assurance that all material information concerning the Company and its Subsidiary is made known on a timely basis to the individuals responsible for the preparation of the Company’s filings with the SEC and other public disclosure documents. No significant deficiency, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s most recent evaluation of such disclosure controls and procedures. (b) Since January 1, 2010, neither the Company nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including any certifications required by Section 906 of the Sarbanes Act. (c) Neither the Company nor its Subsidiary has, since July 30, 2002, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Section 402 of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans or extensions of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Public Company and each of its Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains proper and adequate internal control over financial reporting that provide reasonable assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to permit preparation of the consolidated financial statements of Public Company and to maintain accountability for Public Company’s consolidated assets, (iii) access to assets of Public Company and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the extent applicable reporting of assets of Public Company and its Subsidiary has designed Subsidiaries is compared with existing assets at regular intervals and maintains (v) accounts, notes and other receivables and inventory were recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a system of internal controls over financial reporting current and accounting sufficient to provide reasonable assurances regarding the reliability of financial reporting and the preparation of financial statements for external purposes. The timely basis. (b) Public Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Public Company and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the Public Company’s filings with the SEC and other public disclosure documents. No significant deficiency, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s most recent evaluation of such disclosure controls and procedures. (bc) Since January 1, 2010, neither the Neither Public Company nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including without limitation any certifications required by Section 906 of the Sarbanes Act. (cd) Neither the Public Company nor any of its Subsidiary Subsidiaries has, since July 30, 2002Public Company became subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Public Company. Section 402 4.24(d) of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans Public Company Disclosure Schedule identifies any loan or extensions extension of credit maintained by the Public Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company and to the extent applicable each of its Subsidiary has designed Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains a system of proper and adequate internal controls control over financial reporting and accounting sufficient to which provide reasonable assurances regarding the reliability of financial reporting and the assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to permit preparation of the consolidated financial statements of the Company and to maintain accountability for external purposes. the Company’s consolidated assets, (iii) access to assets of the Company and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the reporting of assets of the Company and its Subsidiaries is compared with existing assets at regular intervals, and (v) accounts, notes and other receivables and inventory were recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a current and timely basis. (b) The Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Company and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the Company’s filings with the SEC and other public disclosure documents. No significant deficiency, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s most recent evaluation of such disclosure controls and procedures. (bc) Since January 1, 2010, neither Neither the Company nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including without limitation any certifications required by Section 906 of the Sarbanes Act. (cd) Neither the The Company nor its Subsidiary hashas not, since July 30, 2002, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Company. Section 402 3.28(d) of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans Disclosure Schedule identifies any loan or extensions extension of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company and to the extent applicable each of its Subsidiary has designed Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains a system of proper and adequate internal controls control over financial reporting and accounting sufficient which provide assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to provide reasonable assurances regarding the reliability of financial reporting and the permit preparation of the consolidated financial statements of the Company and to maintain accountability for external purposes. the Company’s consolidated assets, (iii) access to assets of the Company and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the reporting of assets of the Company and its Subsidiaries is compared with existing assets at regular intervals, and (v) accounts, notes and other receivables and inventory are recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a current and timely basis. (b) The Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Company and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the Company’s filings with the SEC and other public disclosure documents. No significant deficiencyThe Company has disclosed, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s based on its most recent evaluation of such disclosure controls and proceduresprocedures prior to the date of this Agreement, to the Company’s auditors and the audit committee of the Company Board and on Section 3.23(b) of the Company Disclosure Schedule (i) any significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting that are reasonably likely to adversely affect in any material respect the Company’s ability to record, process, summarize and report financial information and (ii) any fraud, whether or not material, that involves management or other employees who have a significant role in the Company’s internal controls over financial reporting. (bc) Since January 1, 20102008 through the date of this Agreement, (i) neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, employee, auditor, accountant or representative of the Company or any of its Subsidiaries has received or otherwise had or obtained knowledge of any material complaint, allegation, assertion or claim, whether written or oral, regarding the accounting or auditing practices, procedures, methodologies or methods of the Company or any of its Subsidiaries or their respective internal accounting controls, including any material complaint, allegation, assertion or claim that the Company or any of its Subsidiaries has engaged in questionable accounting or auditing practices, and (ii) no attorney representing the Company or any of its Subsidiaries, whether or not employed by the Company or any of its Subsidiaries, has reported evidence of a material violation of securities laws, breach of fiduciary duty or similar violation by the Company or any of its officers, directors, employees or agents to the Board of Directors of the Company or any committee thereof or to any director or officer of the Company. (d) Since January 1, 2008 through the date of this Agreement, and except as set forth on Section 3.23(d) of the Company Disclosure Schedule, neither the Company nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including any certifications required by Section 906 of the Sarbanes Act. (ce) Neither the The Company nor its Subsidiary hashas not, since July 30, 2002, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Company. Section 402 3.23(e) of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans Company Disclosure Schedule identifies any loan or extensions extension of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company and to the extent applicable each of its Subsidiary has designed Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains a system of proper and adequate internal controls control over financial reporting and accounting sufficient which provide assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to provide reasonable assurances regarding the reliability of financial reporting and the permit preparation of the consolidated financial statements of the Company and to maintain accountability for external purposes. the Company’s consolidated assets, (iii) access to assets of the Company and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the reporting of assets of the Company and its Subsidiaries is compared with existing assets at regular intervals, and (v) accounts, notes and other receivables and inventory are recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a current and timely basis. (b) The Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Company and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the Company’s filings with the SEC and other public disclosure documents. No significant deficiencyThe Company has disclosed, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s based on its most recent evaluation of such disclosure controls and proceduresprocedures prior to the date of this Agreement, to the Company’s auditors and the audit committee of the Company Board and on Section 4.24(b) of the Disclosure Schedule (i) any significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting that are reasonably likely to adversely affect in any material respect the Company’s ability to record, process, summarize and report financial information and (ii) any fraud, whether or not material, that involves management or other employees who have a significant role in the Company’s internal controls over financial reporting. (bc) Since January 1, 20102005 through the date of this Agreement, (i) neither the Company nor any of its officers Subsidiaries nor, to the knowledge of the Company, any director, officer, employee, auditor, accountant or representative of the Company or any of its Subsidiaries has received notice from any Governmental Entity questioning or challenging the accuracy, completeness otherwise had or manner of filing or submission obtained knowledge of any filing with material complaint, allegation, assertion or claim, whether written or oral, regarding the SECaccounting or auditing practices, procedures, methodologies or methods of the Company or any of its Subsidiaries or their respective internal accounting controls, including any certifications required material complaint, allegation, assertion or claim that the Company or any of its Subsidiaries has engaged in questionable accounting or auditing practices, and (ii) no attorney representing the Company or any of its Subsidiaries, whether or not employed by Section 906 the Company or any of its Subsidiaries, has reported evidence of a material violation of securities Laws, breach of fiduciary duty or similar violation by the Company or any of its officers, directors, employees or agents to the Board of Directors of the Sarbanes ActCompany or any committee thereof or to any director or officer of the Company. (cd) Neither the The Company nor its Subsidiary hashas not, since July 30, the date on which it first became subject to Section 402 of the Xxxxxxxx-Xxxxx Act of 2002, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Company. Section 402 4.24(e) of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans Disclosure Schedule identifies any loan or extensions extension of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company and to the extent applicable each of its Subsidiary has designed Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains a system of proper and adequate internal controls control over financial reporting and accounting sufficient to that provide reasonable assurances regarding the reliability of financial reporting and the assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to permit preparation of the consolidated financial statements of the Company and to maintain accountability for external purposes. the Company’s consolidated assets, (iii) access to assets of the Company and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the reporting of assets of the Company and its Subsidiaries is compared with existing assets at regular intervals and (v) accounts, notes and other receivables and inventory were recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a current and timely basis. (b) The Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Company and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the Company’s filings with the SEC and other public disclosure documents. No significant deficiency, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s most recent evaluation of such disclosure controls and procedures. (bc) Since January 1, 2010, neither Neither the Company nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including without limitation any certifications required by Section 906 of the Sarbanes Act. (cd) Neither the Company nor any of its Subsidiary Subsidiaries has, since July 30, 2002the Company became subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Company. Section 402 4.18 of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans Disclosure Schedule identifies any loan or extensions extension of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company and to the extent applicable each of its Subsidiary has designed Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains a system of proper and adequate internal controls control over financial reporting and accounting sufficient which provide assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to provide reasonable assurances regarding the reliability of financial reporting and the permit preparation of the consolidated financial statements of the Company and to maintain accountability for external purposes. the Company’s consolidated assets, (iii) access to assets of the Company and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the reporting of assets of the Company and its Subsidiaries is compared with existing assets at regular intervals, and (v) accounts, notes and other receivables and inventory were recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a current and timely basis. (b) The Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Company and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the Company’s filings with the SEC and other public disclosure documents. No significant deficiencyThe Company has disclosed, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s based on its most recent evaluation of such disclosure controls and proceduresprocedures prior to the date of this Agreement, to the Company’s auditors and the audit committee of the Company Board and on Section 4.24(b) of the Company Disclosure Schedule (i) any significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting that are reasonably likely to adversely affect in any material respect the Company’s ability to record, process, summarize and report financial information and (ii) any fraud, whether or not material, that involves management or other employees who have a significant role in the Company’s internal controls over financial reporting. (bc) Since Except as set forth in Section 4.24(c) of the Company Disclosure Schedule, since January 1, 20102005 through the date of this Agreement, (i) neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, employee, auditor, accountant or representative of the Company or any of its Subsidiaries has received or otherwise had or obtained knowledge of any material complaint, allegation, assertion or claim, whether written or oral, regarding the accounting or auditing practices, procedures, methodologies or methods of the Company or any of its Subsidiaries or their respective internal accounting controls, including any material complaint, allegation, assertion or claim that the Company or any of its Subsidiaries has engaged in questionable accounting or auditing practices, and (ii) no attorney representing the Company or any of its Subsidiaries, whether or not employed by the Company or any of its Subsidiaries, has reported evidence of a material violation of securities laws, breach of fiduciary duty or similar violation by the Company or any of its officers, directors, employees or agents to the Board of Directors of the Company or any committee thereof or to any director or officer of the Company. (d) Neither the Company nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including any certifications required by Section 906 of the Sarbanes Act. (ce) Neither Except as set forth in Section 4.24(e) of the Company nor its Subsidiary hasDisclosure Schedule, the Company has not, since July 30, 2002, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Company. Section 402 4.24(e) of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans Company Disclosure Schedule identifies any loan or extensions extension of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company and to the extent applicable each of its Subsidiary has designed Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains a system of proper and adequate internal controls control over financial reporting and accounting sufficient to which provide reasonable assurances regarding the reliability of financial reporting and the assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to permit preparation of the consolidated financial statements of the Company and to maintain accountability for external purposes. the Company’s consolidated assets, (iii) access to assets of the Company and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the reporting of assets of the Company and its Subsidiaries is compared with existing assets at regular intervals, and (v) accounts, notes and other receivables and inventory were recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a current and timely basis. (b) The Company maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Company and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the Company’s filings with the SEC and other public disclosure documents. No significant deficiencyThe Company has disclosed, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s based on its most recent evaluation of such disclosure controls and proceduresprocedures prior to the date of this Agreement, to the Company’s auditors and the audit committee of the Company Board and on Section 4.27(b) of the Company Disclosure Schedule (i) any significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting that are reasonably likely to adversely affect in any material respect the Company’s ability to record, process, summarize and report financial information and (ii) any fraud, whether or not material, that involves management or other employees who have a significant role in the Company’s internal controls over financial reporting. (bc) Since January 1, 20102011, (i) neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, employee, auditor, accountant or representative of the Company or any of its Subsidiaries has received or otherwise had or obtained knowledge of any material complaint, allegation, assertion or claim, whether written or oral, regarding the accounting or auditing practices, procedures, methodologies or methods of the Company or any of its Subsidiaries or their respective internal accounting controls, including any material complaint, allegation, assertion or claim that the Company or any of its Subsidiaries has engaged in questionable accounting or auditing practices, and (ii) no attorney representing the Company or any of its Subsidiaries, whether or not employed by the Company or any of its Subsidiaries, has reported evidence of a material violation of securities laws, breach of fiduciary duty or similar violation by the Company or any of its officers, directors, employees or agents to the Board of Directors of the Company or any committee thereof or to any director or officer of the Company. (d) Neither the Company nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including any certifications required by Section 906 of the Sarbanes Act. (ce) Neither the The Company nor its Subsidiary hashas not, since July 30, 2002, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Company. Section 402 4.27(e) of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans Company Disclosure Schedule identifies any loan or extensions extension of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act applies.

Controls and Procedures, Certifications and Other Matters Relating to the Sarbanes Act. (a) The Company TranS1 and to the extent applicable each of its Subsidiary has designed Subsidiaries maintains accurate books and records reflecting its assets and liabilities and maintains a system of proper and adequate internal controls control over financial reporting and accounting sufficient to that provide reasonable assurances regarding the reliability of financial reporting and the assurance that (i) transactions are executed with management’s authorization, (ii) transactions are recorded as necessary to permit preparation of the consolidated financial statements of TranS1 and to maintain accountability for external purposes. The Company TranS1’s consolidated assets, (iii) access to assets of TranS1 and its Subsidiaries is permitted only in accordance with management’s authorization, (iv) the reporting of assets of TranS1 and its Subsidiaries is compared with existing assets at regular intervals and (v) accounts, notes and other receivables and inventory were recorded accurately, and proper and adequate procedures are implemented to effect the collection thereof on a current and timely basis. (b) TranS1 maintains disclosure controls and procedures required by Rules 13a-15 or 15d-15 under the Exchange Act, and such controls and procedures are sufficient effective to provide reasonable assurance ensure that all material information concerning the Company TranS1 and its Subsidiary Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of the CompanyTranS1’s filings with the SEC and other public disclosure documents. No significant deficiency, material weakness or fraud (i) in the design or operation of the Company’s internal control over financial reporting or (ii) that involves management or other employees was identified in the Company’s most recent evaluation of such disclosure controls and procedures. (bc) Since January 1, 2010, neither the Company Neither TranS1 nor any of its officers has received notice from any Governmental Entity questioning or challenging the accuracy, completeness or manner of filing or submission of any filing with the SEC, including without limitation any certifications required by Section 906 of the Sarbanes Act. (cd) Neither the Company TranS1 nor any of its Subsidiary Subsidiaries has, since July 30, 2002TranS1 became subject to the reporting requirements of Section 13 or Section 15(d) of the Exchange Act, extended or maintained credit, arranged for the extension of credit, modified or renewed an extension of credit, in the form of a personal loan or otherwise, to or for any director or executive officer of the Company or its Subsidiary, in each case in violation of Section 402 of the Xxxxxxxx-Xxxxx Act of 2002. There are no loans or extensions of credit maintained by the Company or its Subsidiary to which the second sentence of Section 13(k)(1) of the Exchange Act appliesTranS1.