Financial Statements and SEC Documents. (a) Included in the Company's Form 10-KSB for the year ended March 31, 2003, are true and complete copies of the audited balance sheet (the "Balance Sheet") of the Company as of March 31, 2002 and 2003, and the related audited statements of operations, shareholders' equity and cash flows for the years ended March 31, 2001, 2002 and 2003 (the "Audited Financial Statements"), accompanied by the report of KPMG LLP with respect to the year ended March 31, 2003 and Xxxxxx Xxxxxxxx LLP with respect to years ended March 31, 2002 and 2001. The Company's Quarterly Reports on Form 10-QSB for the quarters ended December 31, 2002, September 30, 2002 and June 30, 2002 are available to Purchasers on the Securities and Exchange Commission's (the "SEC") XXXXX System. Included in the Quarterly Reports are the requisite unaudited balance sheets of the Company and the related unaudited statements of income and statements of cash flows (the "Unaudited Financial Statements," and together with the "Audited Financial Statements," the "Financial Statements"). The Financial Statements have been prepared in accordance with generally accepted accounting principles, applied consistently with the past practices of the Company (except as may be indicated in the notes thereto, and as to the Unaudited Financial Statements the absence of certain footnotes and normal year end adjustments, in each case in compliance with the financial reporting requirements of the SEC applicable to such Unaudited Financial Statements), and as of their respective dates, fairly present, in all material respects, the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.
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Financial Statements and SEC Documents. (a) Included in The Company has prepared and furnished to the Company's Form 10-KSB for the year ended March 31, 2003, are true and complete copies of Purchaser the audited balance sheet (the "Balance Sheet") sheets of the Company as of March 31the end of the fiscal years ending February 28, 2002 1998, February 28, 1999 and 2003February 29, 2000, and the related audited statements of operations, shareholders' equity equity, and statement of cash flows flow for the years ended March 31each of such fiscal years, 2001, 2002 and 2003 (the "Audited Financial Statements"), each accompanied by the related report of KPMG LLP with respect Xxxxxx, Xxxxxxx & Xxxxx, P.A. independent certified public accountants. The Company also has prepared and furnished to the year ended March 31Purchaser, 2003 and Xxxxxx Xxxxxxxx LLP with respect to years ended March 31, 2002 and 2001. The Company's Quarterly Reports on Form 10-QSB for the quarters ended December 31, 2002, September 30, 2002 and June 30, 2002 are available to Purchasers on the Securities and Exchange Commission's (the "SEC") XXXXX System. Included in the Quarterly Reports are the requisite unaudited balance sheets of the Company as of the end of each quarter of the Company ending after February 29, 2000 and the related unaudited statements of income operations and statements of cash flows flow for the respective quarters then ended. All of the financial statements, including, without limitation, the notes thereto, referred to in this Section 3.11: (the "Unaudited Financial Statements," and together a) are in accordance with the "Audited Financial Statements," books and records of the "Financial Statements"). The Financial Statements Company, (b) present fairly the financial position of the Company as of the dates and the results of operations and changes in financial position for the periods indicated, and (c) have been prepared in accordance with generally accepted accounting principlesprinciples applied on a basis consistent with prior accounting periods. Exhibit C sets forth all changes in accounting methods (for financial accounting purposes) at any time made, applied consistently agreed to, requested, or required with respect to Company.
(b) The Company has filed and provided to the Purchaser a true and complete copy of each report, schedule, registration statement and definitive proxy statement filed by the Company with the past practices Securities and Exchange Commission ("SEC") since March 1, 1998 (the "SEC Documents") which are all the documents that the Company was required to file with the SEC since such date. As of their respective dates, each of the SEC Documents complied in all material respects with the requirements of the Securities Act or the Securities Exchange Act of 1934, as amended, (the "Exchange Act"), as the case may be, and the rules and regulations of the SEC thereunder applicable to such SEC Documents, and, to the Company's knowledge, none of the SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents complied as to form in all material respects with the published rules and regulations of the SEC with respect thereto, have been prepared in accordance with GAAP (except as may be indicated in the notes theretothereto or, in the case of the unaudited statements, as permitted by Rule 10-01 of Regulation S-X of the SEC) and as fairly present in accordance with applicable requirements of GAAP (subject, in the case of the unaudited statements, to the Unaudited Financial Statements the absence of certain footnotes and normal year end normal, recurring adjustments, in each case in compliance with the financial reporting requirements none of the SEC applicable to such Unaudited Financial Statements), and as of their respective dates, fairly present, in all material respects, which were material) the financial position of the Company and its subsidiaries, if any, as of their respective dates and the results of its operations as and the cash flows of the time and Company for the periods indicated presented therein. The Company has no material liability or obligation of a type which would be included in a balance sheet prepared in accordance with GAAP whether related to tax or non-tax matters, accrued or contingent, due or not yet due, liquidated or unliquidated, or otherwise, except and to the extent disclosed or reflected in the financial statements included in the SEC Documents.
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Samples: Series B Convertible Preferred Stock Purchase Agreement (Odyssey Marine Exploration Inc)
Financial Statements and SEC Documents. (a) Included in the Company's Form 10-KSB for the year ended March August 31, 20032002, are true and complete copies of the audited balance sheet (the "Balance Sheet") of the Company as of March August 31, 2002 and 20032002, and the related audited statements of operations, shareholders' equity and cash flows for the years ended March August 31, 2001, 2001 and 2002 and 2003 (the "Audited Financial Statements"), accompanied by the report of KPMG LLP Tanner + Co. with respect to the year ended March yxxx xxded August 31, 2003 and Xxxxxx Xxxxxxxx LLP with respect to years ended March 31, 2002 and 20012002. The Company's Quarterly Reports on Form 10-QSB for the quarters ended December 31November 30, 2002, September 30February 28, 2002 2003 and June 30May 31, 2002 2003 are available to Purchasers each Purchaser on the Securities and Exchange Commission's (the "SEC") XXXXX EDGAR System. Included in the Quarterly Quarxxxxx Reports are the requisite unaudited balance sheets of the Company and the related unaudited statements of income and statements of cash flows (the "Unaudited Financial Statements," and together with the "Audited Financial Statements," the "Financial Statements"). The Financial Statements have been prepared in accordance with generally accepted accounting principles, applied consistently with the past practices of the Company (except as may be indicated in the notes thereto, and as to the Unaudited Financial Statements the absence of certain footnotes and normal year end adjustments, in each case in compliance with the financial reporting requirements of the SEC applicable to such Unaudited Financial Statements), and as of their respective dates, fairly present, in all material respects, the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.
(b) A copy of each report, schedule, effective registration statement and definitive proxy statement filed by the Company with the SEC since August 31, 2001 (as the documents may have been amended since the time of their filing, the "SEC Documents"), has also been made available to each Purchaser via the SEC's EDGAR System. The Company has provxxxx to each Purchaser who has requested the same a true and complete copy of each SEC Document that the Company filed since August 31, 2001. As of their respective filing dates (after giving effect to all notifications of late filing filed by the Company using Form 12b-25), each SEC Document complied in all material respects with the requirements of the Securities Act or the Securities Exchange Act of 1934, as amended (the "Exchange Act"), as applicable, and the rules and regulations of the SEC thereunder applicable to the SEC Document. The SEC Documents did not contain any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective filing dates, the financial statements of the Company included in the SEC Documents complied as to form in all material respects with then applicable accounting requirements and with the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles, applied consistently with the past practices of the Company, and as of their respective dates, fairly presented in all material respects the financial position of the Company and the results of its operations as of the time and for the periods indicated therein (except as may be indicated in the notes thereto or, in the case of the unaudited statements, as permitted by Form 10-QSB and Regulations S-B and S-X of the SEC).
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Financial Statements and SEC Documents. (a) Included in the Company's ’s Form 10-KSB K for the year ended March December 31, 20032002, are true and complete copies of the audited consolidated balance sheet sheets (the "“Balance Sheet"”) of the Company as of March December 31, 2002 2001 and 20032002, and the related audited consolidated statements of operationsincome, shareholders' stockholders’ equity and cash flows for the years ended March December 31, 20012000, 2001 and 2002 and 2003 (the "“Audited Financial Statements"”), accompanied by the report of KPMG LLP with respect to thereto. The Company’s Quarterly Report on Form 10-Q for the year quarter ended March 31, 2003 and Xxxxxx Xxxxxxxx LLP with respect to years ended March 31, 2002 and 2001. The Company's Quarterly Reports on Form 10-QSB for the quarters ended December 31, 2002, September 30, 2002 and June 30, 2002 are available to Purchasers on the Securities and Exchange Commission's (the "SEC"“Quarterly Report”) has been filed with the SEC pursuant to the XXXXX System. Included in the Quarterly Reports Report are the requisite unaudited balance sheets of the Company and the related unaudited statements of income and statements of cash flows (the "“Unaudited Financial Statements," ” and together with the "“Audited Financial Statements," ” the "“Financial Statements"”). The Financial Statements have been prepared in accordance with generally accepted accounting principles, principles (“GAAP”) applied consistently with on a consistent basis during the past practices of the Company period involved (except as may be indicated in the notes thereto, thereto and as to except that the Unaudited Financial Statements the absence of certain may not contain all footnotes and normal year end adjustments, in each case in compliance with the financial reporting requirements of the SEC applicable to such Unaudited Financial Statementsrequired by GAAP), and as of their respective dates, fairly present, in all material respects, the consolidated financial position of the Company and its subsidiaries and the results of its operations as of the time and for the periods indicated thereintherein subject, in the case of the Unaudited Financial Statements, to normal, year-end adjustments. Such Financial Statements are in agreement with, the books and records of the Company in all material respects. The Company keeps accounting records in accordance with GAAP in which all material assets and liabilities, and all material transactions, including off-balance sheet transactions, of the Company are recorded in conformity with applicable accounting principles and disclosed as required in the SEC Documents.
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Financial Statements and SEC Documents. (a) Included in the Company's Form 10-KSB K for the year ended March August 31, 20032002, are true and complete copies of the audited balance sheet (the "Balance SheetBALANCE SHEET") of the Company as of March August 31, 2002 and 20032001, and the related audited statements of operations, shareholders' equity and cash flows for the years ended March August 31, 2001, 2002 and 2003 2001 (the "Audited Financial StatementsAUDITED FINANCIAL STATEMENTS"), accompanied by the report of KPMG Ernst & Young LLP with respect to the year ended March 31, 2003 and Xxxxxx Xxxxxxxx LLP with respect to years ended March August 31, 2002 and 2001. The Company's Quarterly Reports Report on Form 10-QSB Q for the quarters quarter -4- ended December 31, 2002, September November 30, 2002 and June 30, 2002 are is available to Purchasers Purchaser on the Securities and Exchange CommissionSEC's (the "SEC") XXXXX EDGAR System. Included in the Quarterly Reports Report are the requisite unaudited unauxxxxx balance sheets of the Company and the related unaudited statements of income and statements of cash flows (the "Unaudited Financial StatementsUNAUDITED FINANCIAL STATEMENTS," and together with the "Audited Financial Statements," , the "Financial StatementsFINANCIAL STATEMENTS"). The Financial Statements and the related notes contained in the SEC Documents have been prepared in accordance with generally accepted accounting principles, applied consistently with the past practices of the Company (except as may be indicated in the notes thereto, and as to the Unaudited Financial Statements the absence of certain footnotes and normal year end adjustments, in each case in compliance with the financial reporting requirements of the SEC applicable to such Unaudited Financial Statements), and as of their respective dates, fairly present, in all material respects, the financial position of the Company and the results of its operations as of the time and for the periods indicated therein. Such Financial Statements conform in all material respects to, and are in agreement with, the books and records of the Company. The Company keeps accounting records in accordance with generally accepted accounting principles in which all material assets and liabilities, and all material transactions, including off-balance sheet transactions, of the Company are recorded in conformity with applicable accounting principles and disclosed in its SEC Documents.
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Financial Statements and SEC Documents. (a) Included in the Company's ’s Form 10-KSB K for the year ended March October 31, 20032004, are true and complete copies of the audited balance sheet (the "“Balance Sheet"”) of the Company as of March October 31, 2002 and 20032004, and the related audited statements of operations, shareholders' ’ equity and cash flows for the years ended March October 31, 2001, 2002 2004 and 2003 (the "“Audited Financial Statements"”), accompanied by the report of KPMG LLP with respect to the year ended March October 31, 2003 and Xxxxxx Xxxxxxxx LLP with respect to years ended March 31, 2002 and 20012004. The Company's ’s Quarterly Reports on Form 10-QSB Q for the quarters ended December January 31, 20022005, September April 30, 2002 2005 and June 30July 31, 2002 2005 are available to Purchasers each Purchaser on the Securities and Exchange Commission's ’s (the "“SEC"”) XXXXX System. Included in the Quarterly Reports are the requisite unaudited balance sheets of the Company and the related unaudited statements of income and statements of cash flows (the "“Unaudited Financial Statements," ” and together with the "“Audited Financial Statements," ” the "“Financial Statements"”). The Financial Statements have been prepared in accordance with generally accepted accounting principles, applied consistently with the past practices of the Company (except as may be indicated in the notes thereto, and as to the Unaudited Financial Statements the absence of certain footnotes and normal year end adjustments, in each case in compliance with the financial reporting requirements of the SEC applicable to such Unaudited Financial Statements), and as of their respective dates, fairly present, in all material respects, the financial position of the Company and the results of its operations as of the time and for the periods indicated therein.
(b) A copy of each report, schedule, effective registration statement and definitive proxy statement filed by the Company with the SEC since October 31, 2003 (as the documents may have been amended since the time of their filing, the “SEC Documents”), has also been made available to each Purchaser via the SEC’s XXXXX System. The Company has provided to each Purchaser who has requested the same a true and complete copy of each SEC Document that the Company filed since October 31, 2003. The SEC Documents, as amended, did not contain any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective filing dates, the financial statements of the Company included in the SEC Documents, as amended, complied as to form in all material respects with then applicable accounting requirements and with the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles, applied consistently with the past practices of the Company, and as of their respective dates, fairly presented in all material respects the financial position of the Company and the results of its operations as of the time and for the periods indicated therein (except as may be indicated in the notes thereto or, in the case of the unaudited statements, as permitted by Form 10-Q and Regulations S-K and S-X of the SEC).
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