Common use of Exchange Act Filings; Financial Statements Clause in Contracts

Exchange Act Filings; Financial Statements. (a) Coastal has timely filed and made available to Coastal all SEC Documents required to be filed by Coastal since December 31, 2000. The Coastal SEC Documents (i) at the time filed, complied in all material respects with the applicable requirements of the Securities Laws and other applicable Laws and (ii) did not, at the time they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing or, in the case of registration statements, at the effective date thereof) contain any untrue statement of a material fact or omit to state a material fact required to be stated in such Coastal SEC Documents or necessary in order to make the statements in such Coastal SEC Documents not misleading. Coastal has made available to First Capital all comment letters received by Coastal from the staffs of the SEC and the OCC and all responses to such comment letters by or on behalf of Coastal with respect to all filings under the Securities Laws. Coastal's principal executive officer and principal financial officer (and Coastal's former principal executive officers and principal financial officers, as applicable) have made the certifications required by Sections 302 and 906 of the Xxxxxxxx-Xxxxx Act and the rules and regulations of the Exchange Act thereunder with respect to the Coastal SEC Documents. For purposes of the preceding sentence, "principal executive officer" and "principal financial officer" shall have the meanings given to such terms in the Xxxxxxxx-Xxxxx Act. Such certifications contain no qualifications or exceptions to the matters certified therein and have not been modified or withdrawn; and neither Coastal nor any of its officers has received notice from any Regulatory Authority questioning or challenging the accuracy, completeness, content, form, or manner of filing or submission of such certifications. No Coastal Company is required to file any reports under the Exchange Act.

Exchange Act Filings; Financial Statements. (a) Coastal First Capital has timely filed and made available to Coastal all SEC Documents required to be filed by Coastal First Capital since December 31, 2000. The Coastal First Capital SEC Documents (i) at the time filed, complied in all material respects with the applicable requirements of the Securities Laws and other applicable Laws and (ii) did not, at the time they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing or, in the case of registration statements, at the effective date thereof) contain any untrue statement of a material fact or omit to state a material fact required to be stated in such Coastal First Capital SEC Documents or necessary in order to make the statements in such Coastal First Capital SEC Documents not misleading. Coastal First Capital has made available to First Capital Coastal all comment letters received by Coastal First Capital from the staffs of the SEC and the OCC and all responses to such comment letters by or on behalf of Coastal First Capital with respect to all filings under the Securities Laws. CoastalFirst Capital's principal executive officer and principal financial officer (and CoastalFirst Capital's former principal executive officers and principal financial officers, as applicable) have made the certifications required by Sections 302 and 906 of the Xxxxxxxx-Xxxxx Act and the rules and regulations of the Exchange Act thereunder with respect to the Coastal First Capital SEC Documents. For purposes of the preceding sentence, "principal executive officer" and "principal financial officer" shall have the meanings given to such terms in the Xxxxxxxx-Xxxxx Act. Such certifications contain no qualifications or exceptions to the matters certified therein and have not been modified or withdrawn; and neither Coastal First Capital nor any of its officers has received notice from any Regulatory Authority questioning or challenging the accuracy, completeness, content, form, or manner of filing or submission of such certifications. No Coastal First Capital Company is required to file any reports under the Exchange Act.

Exchange Act Filings; Financial Statements. (a) Coastal Seller has timely filed and made available to Coastal Buyer all SEC Exchange Act Documents required to be filed by Coastal Seller since December 31, 20001999 (the "Seller Exchange Act Reports") as listed in Section 5.5 of the Seller Disclosure Memo. The Coastal SEC Documents Seller Exchange Act Reports (i) at the time filed, complied in all material respects with the applicable requirements of the Securities Laws and other applicable Laws and (ii) did not, at the time they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing or, in the case of registration statements, at the effective date thereof) contain any untrue statement of a material fact or omit to state a material fact required to be stated in such Coastal SEC Documents Seller Exchange Act Reports or necessary in order to make the statements in such Coastal SEC Documents Seller Exchange Act Reports not misleading. Coastal Seller has made available delivered to First Capital Buyer all comment letters received by Coastal Seller from the staffs of the SEC and the OCC and all responses to such comment letters by or on behalf of Coastal Seller with respect to all filings under the Securities Laws. CoastalSeller's principal executive officer and principal financial officer (and CoastalSeller's former principal executive officers and principal financial officers, as applicable) have made the certifications required by Sections 302 and 906 of the XxxxxxxxSarbanes-Xxxxx Oxley Act and the rules and regulations of the Exchange Act thereunder with xxxxxxxxxx xxxh respect to the Coastal SEC Seller's Exchange Act Documents. For purposes of the preceding sentence, "principal executive officer" and "principal financial officer" shall have the meanings given to such terms in the XxxxxxxxSarbanes-Xxxxx Oxley Act. Such certifications contain no qualifications or exceptions to xxxxxxxxxx xx the matters certified therein and have not been modified or withdrawn; and neither Coastal Seller nor any of its officers has received notice from any Regulatory Authority questioning or challenging the accuracy, completeness, content, form, form or manner of filing or submission of such certifications. No Coastal Company Seller Subsidiary is required to file any reports under the Exchange ActAct Documents.