Common use of Disclosure and Access to Information Clause in Contracts

Disclosure and Access to Information. Roundball acknowledges that it has received and reviewed a copy of the Borrower's (a) Annual Report on Form 10-K for the fiscal year ending September 30, 2015; (b) Proxy Statement for its Annual Meeting of Shareholders filed with the SEC on March 3, 2015; (c) Quarterly Reports on Form 10-Q for the periods ending December 31, 2014, March 31, 2015 and June 30, 2015; (d) Current Reports on Form 8-K filed January 6, 2015, January 12, 2015, February 13, 2015, April 3, 2015, May 13, 2015, July 23, 2015, August 13, 2015 and December 15, 2015; (e) unaudited statements of income for each of the months ended July 31, August 31, and September 30, 2015 and (f) unaudited balance sheet dated September 30, 2015. In addition, Roundball acknowledges that it and its representatives have had access to such additional information concerning the Borrower as it deemed necessary or appropriate to make an informed investment decision with respect to the transactions contemplated by this Agreement, including access to and an opportunity to ask questions of the Borrower's management (which questions have been responded to by such persons to Roundball’s satisfaction). (e) The parties agree that the amendments set forth herein shall apply from and after December 30, 2015, and that nothing contained herein shall be deemed to modify or waive any rights or obligations under the agreement existing prior to that date.

Disclosure and Access to Information. Roundball acknowledges that it has received and reviewed a copy of the Borrower's ’s (a) Annual Report on Form 10-K for the fiscal year ending September 30, 20152017; (b) Annual Report on Form 10-K for the transition period from October 1, 2017 to December 31, 2017; (c) Proxy Statement for its Annual Meeting of Shareholders filed with the SEC on March 3January 29, 20152018; (cd) Quarterly Reports on Form 10-Q for the periods ending December 31, 2014, March 31, 2015 and 2018, June 30, 20152018 and September 30, 2018; (de) Current Reports on Form 8-K filed January December 21, 2017, February 14, 2018, May 15, 2018, May 18, 2018, June 6, 20152018, January 12July 6, 20152018, February July 11, 2018, August 15, 2018, September 13, 20152018, April 3, 2015, May 13, 2015, July 23, 2015, August 13, 2015 and December November 15, 20152018; (e) unaudited statements of income for each of the months ended July 31, August 31, and September 30, 2015 and (f) unaudited balance sheet dated September 30, 20152018. In addition, Roundball acknowledges that it and its representatives have had access to such additional information concerning the Borrower as it deemed necessary or appropriate to make an informed investment decision with respect to the transactions contemplated by this Agreement, including access to and an opportunity to ask questions of the Borrower's ’s management (which questions have been responded to by such persons to Roundball’s satisfaction). (e) 5. The parties agree that the amendments set forth herein shall apply from and after December 30, 2015, the date hereof and that nothing contained herein shall be deemed to modify or waive any rights or obligations under the agreement Loan Agreement existing prior to that date.

Disclosure and Access to Information. Roundball acknowledges that it has received and reviewed a copy of the Borrower's (a) Annual Report on Form 10-K for the fiscal year ending September 30, 20152011 (and the Form 12b-25 with respect thereto filed with the SEC on December 23, 2011); (b) Proxy Statement for its Annual Meeting of Shareholders filed with the SEC on March 3January 30, 20152012; (c) Proxy Statement for its Special Meeting of Shareholders filed with the SEC on September 14, 2012 (and additional soliciting materials filed with the SEC on September 24, 2012); (c) Quarterly Reports on Form 10-Q for the periods ending December 31, 20142011, March 31, 2015 2012 and June 30, 20152012; (d) Current Reports on Form 8-K filed dated January 65, 20152012, January 9, 2012, January 13, 2012, February 14, 2012, March 12, 20152012, February 13March 12, 2015, April 3, 20152012, May 1314, 2015, July 23, 20152012, August 13, 2015 2012 and December 15October 11, 20152012; (e) unaudited statements of income for each of the months ended July 31, August 31, and September 30, 2015 2012 and (f) unaudited balance sheet dated September 30, 20152012. In addition, Roundball acknowledges that it and its representatives have had access to such additional information concerning the Borrower as it deemed necessary or appropriate to make an informed investment decision with respect to the transactions contemplated by this Agreement, including access to and an opportunity to ask questions of the Borrower's management (which questions have been responded to by such persons to Roundball’s 's satisfaction). (ej) The parties agree that the amendments set forth herein shall apply from and after December 30, 20152012, and that nothing contained herein shall be deemed to modify or waive any rights or obligations under the agreement existing prior to that date. (k) The obligations of Roundball under this Agreement are expressly conditioned upon the delivery of the Warrant Agreement in the form attached as Exhibit G hereto.

Disclosure and Access to Information. Roundball acknowledges that it has received and reviewed a copy of the Borrower's (a) Annual Report on Form 10-K for the fiscal year ending September 30, 2015; (b) Proxy Statement for its Annual Meeting of Shareholders filed with the SEC on March 3January 28, 20152016 and Proxy Statement for its Special Meeting of Shareholders filed with the SEC on May 9, 2016; (c) Quarterly Reports on Form 10-Q for the periods ending December 31, 20142015, March 31, 2015 2016 and June 30, 20152016; (d) Current Reports on Form 8-K filed January 68, 20152016, January 12, 20152016, February 12, 2016, March 22, 2016, May 16, 2016, June 7, 2016, June 23, 2016, June 30, 2016, July 7, 2016, July 28, 2016, August 15, 2016, August 19, 2016, September 16, 2016, November 15, 2016 and December 13, 2015, April 3, 2015, May 13, 2015, July 23, 2015, August 13, 2015 and December 15, 20152016; (e) unaudited statements of income for each of the months ended July 31, August 31, and September 30, 2015 2016 and (f) unaudited balance sheet dated September 30, 20152016. In addition, Roundball acknowledges that it and its representatives have had access to such additional information concerning the Borrower as it deemed necessary or appropriate to make an informed investment decision with respect to the transactions contemplated by this Agreement, including access to and an opportunity to ask questions of the Borrower's management (which questions have been responded to by such persons to Roundball’s satisfaction). (e) The parties agree that the amendments set forth herein shall apply from and after December 3020, 20152016, and that nothing contained herein shall be deemed to modify or waive any rights or obligations under the agreement existing prior to that date.

Disclosure and Access to Information. Roundball acknowledges that it has received and reviewed a copy of the Borrower's ’s (a) Annual Report on Form 10-K for the fiscal year ending September 30, 20152016; (b) Proxy Statement for its Annual Meeting of Shareholders filed with the SEC on March 37, 20152017; (c) Quarterly Reports on Form 10-Q for the periods ending December 31, 20142016, March 31, 2015 2017 and June 30, 20152017; (d) Current Reports on Form 8-K filed January 65, 20152017, January 1210, 2015, February 13, 2015, April 3, 20152017, May 1322, 20152017, July 23June 1, 20152017, June 5, 2017, August 1311, 2015 and December 15, 2015; (e) unaudited statements of income for each of the months ended July 312017, August 3114, 2017 and September 3022, 2015 and 2017; (f) unaudited balance sheet dated September 30, 20152017. In addition, Roundball acknowledges that it and its representatives have had access to such additional information concerning the Borrower as it deemed necessary or appropriate to make an informed investment decision with respect to the transactions contemplated by this Agreement, including access to and an opportunity to ask questions of the Borrower's ’s management (which questions have been responded to by such persons to Roundball’s satisfaction). (e) The parties agree that the amendments set forth herein shall apply from and after December 30, 2015, the date hereof and that nothing contained herein shall be deemed to modify or waive any rights or obligations under the agreement Agreement existing prior to that date.