Common use of Information Concerning the Company Clause in Contracts

Information Concerning the Company. (i) The Holder has access to and reviewed all documents, reports and other filings filed since January 1, 2013 by the Company with the Securities and Exchange Commission (the “Commission”) and publicly available on the Commission’s Electronic Data-Gathering, Analysis, and Retrieval system, as well as this Exchange Agreement, the Credit Agreement and the Investment Agreement, and is aware of (i) the existence of certain defaults or events of default under the Credit Agreement, some of which are being waived or are being made subject to a forbearance agreement, all in accordance with the terms set forth in Section 2 of the Third Letter Agreement relating to certain amendments of and waivers under the Credit Agreement (among the parties to the Credit Agreement), (ii) the amendments being made to certain tax gross up provisions in the Credit Agreement, in effect excluding Singapore withholding taxes (imposed with respect to the Singapore Borrower’s interest payments to the Lenders) from being deemed Indemnified Taxes and, thus, reducing the scope of yield protection available to the Lenders under the Credit Agreement, all in accordance with the terms set forth in Section 1.3 of the Third Letter Agreement, and (iii) the payment of the PIK Amendment Payment to the Lenders party to the Third Letter Agreement (equal to 1.5% of the Term Loans outstanding as of the date the Third Letter Agreement becomes effective), all in accordance with the terms set forth in Section 5 of the Third Letter Agreement. The Holder has received and reviewed such other information as it has deemed necessary or appropriate concerning the Company any other matters relevant to its decision to exchange its Notes for the Consideration. (ii) The Holder and its professional advisors (if any) have had access to such financial and other information concerning the Company as they have deemed necessary in connection with its decision to exchange the Notes, have been afforded the opportunity to obtain any information necessary to verify the accuracy of any information set forth in the Transaction Documents, have had all of its inquiries answered to its satisfaction, and have been furnished with such other information that the Holder requested relating to the Company and the Consideration. (iii) The Holder understands that no federal or state agency has passed upon the merits or risks of this Exchange Transaction or made any finding or determination concerning the fairness or advisability of this Exchange Transaction. (iv) The Holder acknowledges the Company cannot provide the Holder with any assurance that following the consummation of the Collective Transactions, the Company will be able to satisfy and maintain the continuing listing standards of the New York Stock Exchange (“NYSE”) or that the Common Stock will continue to be listed for trading on the NYSE or be registered under Section 12 of the Securities Exchange Act of 1934, as amended.

Information Concerning the Company. (i) The Holder Subscriber acknowledges that it has access to and reviewed received all documents, reports and other filings filed since January 1, 2013 by current information about the Company with including the Securities and Exchange Commission (the “Commission”) and publicly available on the CommissionCompany’s Electronic DataForm 10-Gathering, Analysis, and Retrieval system, as well as this Exchange Agreement, the Credit Agreement and the Investment Agreement, and is aware of (i) the existence of certain defaults or events of default under the Credit Agreement, some of which are being waived or are being made subject to a forbearance agreement, all in accordance with the terms set forth in Section 2 of the Third Letter Agreement relating to certain amendments of and waivers under the Credit Agreement (among the parties to the Credit Agreement), (ii) the amendments being made to certain tax gross up provisions in the Credit Agreement, in effect excluding Singapore withholding taxes (imposed with respect to the Singapore Borrower’s interest payments to the Lenders) from being deemed Indemnified Taxes and, thus, reducing the scope of yield protection available to the Lenders under the Credit Agreement, all in accordance with the terms set forth in Section 1.3 of the Third Letter Agreement, and (iii) the payment of the PIK Amendment Payment to the Lenders party to the Third Letter Agreement (equal to 1.5% of the Term Loans outstanding as of the date the Third Letter Agreement becomes effective), all in accordance with the terms set forth in Section 5 of the Third Letter Agreement. The Holder has received and reviewed such other information as it has deemed necessary or appropriate concerning the Company any other matters relevant to its decision to exchange its Notes KSB for the Considerationfiscal year ended June 30, 2005(the “Filed Documents”). (ii) The Holder Subscriber or its representative is familiar with the business and financial condition, properties, operations and prospects of the Company, and, at a reasonable time prior to the execution of this Subscription Agreement, the Subscriber and its professional advisors (if any) have had access to such financial and other information concerning the Company as they have deemed necessary in connection with its decision to exchange the Notes, representatives have been afforded the opportunity to ask questions of and receive satisfactory answers from the Company’s officers and directors, or other persons acting on the Company’s behalf, concerning the business and financial condition, properties, operations and prospects of the Company and concerning the terms and conditions of the offering of the Securities and has asked such questions as it or its representative desires to ask and all such questions have been answered to the full satisfaction of the Subscriber. (iii) The Subscriber has been furnished, has carefully read, and has relied solely (except for information obtained pursuant to (iv) below, on the information contained in the Filed Documents, and Subscriber has not received any other offering literature or prospectus, and no verbal or written representations or warranties have been made to Subscriber by the Company, or its employees or agents, other than the representations of the Company set forth herein and in the Filed Documents. (iv) The Subscriber has had an unrestricted opportunity to: (A) obtain additional information concerning the offering of Securities, the Company and any other matters relating directly or indirectly to Subscriber’s purchase of the Securities; and (B) ask questions of, and receive answers from the Company concerning the terms and conditions of the Offering and to obtain such additional information as may have been necessary to verify the accuracy of any the information set forth contained in the Transaction Filed Documents, have had all of its inquiries answered to its satisfaction, and have been furnished with such other information that the Holder requested relating to the Company and the Consideration. (iiiv) The Holder Subscriber understands that no federal or state agency has passed upon that, unless the merits or risks of Subscriber notifies the Company in writing to the contrary, all the representations and warranties contained in this Exchange Transaction or made any finding or determination concerning Subscription Agreement will be deemed to have been reaffirmed and confirmed, taking into account all information received by the fairness or advisability of this Exchange TransactionSubscriber. (ivvi) The Holder acknowledges the Company cannot provide the Holder with any assurance that following the consummation of the Collective Transactions, the Company will be able to satisfy and maintain the continuing listing standards of the New York Stock Exchange (“NYSE”) or Subscriber understands that the Common Stock will continue to be listed for trading on the NYSE or be registered under Section 12 purchase of the Securities Exchange Act involves various risks, including, but not limited to, those outlined in this Subscription Agreement. (vii) The Subscriber acknowledges that no representations or warranties have been made to the Subscriber by the Company as to the tax consequences of 1934this investment, or as amendedto profits, losses or cash flow which may be received or sustained as a result of this investment. (viii) All documents, records and books pertaining to a proposed investment in the Securities which the Subscriber or its representative have requested have been made available to the Subscriber. (ix) The Subscriber or its representative has been provided access to all information requested in evaluating its purchase of the Units.

Information Concerning the Company. (i) The Holder Subscriber has access received a copy of a Confidential Private Placement Memorandum, dated May, 2000 (the "Memorandum") relating to the offering of the Shares and reviewed has read carefully and understands the Memorandum. (ii) The Subscriber (i) has received all documentsthe information the Subscriber has deemed necessary to make an informed investment decision with respect to an acquisition of the Shares at a reasonable time prior to the execution of this Subscription Agreement; (ii) understands that the Company is subject to the reporting requirements of the Securities Exchange Act of 1934, reports as amended (the "Exchange Act"), and other has had the opportunity to review all publicly available filings filed since January 1, 2013 (the "SEC Reports") made by the Company with the Securities and Exchange Commission (the “Commission”"SEC") and publicly available on pursuant to either the Commission’s Electronic Data-Gathering, Analysis, and Retrieval system, as well as this Securities Act or the Exchange Agreement, the Credit Agreement and the Investment Agreement, and is aware of (i) the existence of certain defaults or events of default under the Credit Agreement, some of which are being waived or are being made subject to a forbearance agreement, all in accordance with the terms set forth in Section 2 of the Third Letter Agreement relating to certain amendments of and waivers under the Credit Agreement (among the parties to the Credit Agreement), (ii) the amendments being made to certain tax gross up provisions in the Credit Agreement, in effect excluding Singapore withholding taxes (imposed with respect to the Singapore Borrower’s interest payments to the Lenders) from being deemed Indemnified Taxes and, thus, reducing the scope of yield protection available to the Lenders under the Credit Agreement, all in accordance with the terms set forth in Section 1.3 of the Third Letter Agreement, and Act; (iii) has had the payment of the PIK Amendment Payment to the Lenders party to the Third Letter Agreement (equal to 1.5% of the Term Loans outstanding as of the date the Third Letter Agreement becomes effective), all in accordance with the terms set forth in Section 5 of the Third Letter Agreement. The Holder has received and reviewed such other information as it has deemed necessary or appropriate concerning the Company any other matters relevant to its decision to exchange its Notes for the Consideration. (ii) The Holder and its professional advisors (if any) have had access to such financial and other information concerning the Company as they have deemed necessary in connection with its decision to exchange the Notes, have been afforded the unrestricted opportunity to obtain any information necessary to verify make such investigation as the accuracy of any information set forth in the Transaction Documents, have had all of its inquiries answered to its satisfaction, and have been furnished with such other information that the Holder requested relating Subscriber has desired pertaining to the Company and the Considerationacquisition of the Shares and to verify the information that is, and has been, available to the Subscriber; and (v) has had the opportunity to ask questions and to receive satisfactory answers from officers of the Company and other duly authorized representatives of the Company concerning the Company, including the business and financial condition, properties, operations, and prospects of the Company, and concerning the terms and conditions of the offering of the Shares. (iii) The Holder Subscriber understands that no federal or state agency has passed upon that, unless the merits or risks Subscriber notifies the Company in writing to the contrary before the Closing, all the representations and warranties contained in this Subscription Agreement will be deemed to have been reaffirmed and confirmed as of this Exchange Transaction or made any finding or determination concerning the fairness or advisability of this Exchange TransactionClosing, taking into account all information received by the Subscriber. (iv) The Holder acknowledges Subscriber understands that the purchase of the Shares involves various risks, including, but not limited to, those outlined in the Memorandum, the SEC Reports and in this Subscription Agreement. (v) The Subscriber is relying solely on the information contained in the Memorandum, including any supplement thereto, and the attachments and exhibits thereto, the SEC Reports and the answers to the questions with respect thereto furnished to the Subscriber by the Company cannot provide or duly authorized representatives o the Holder with any assurance that following Company. No representations or warranties have been made to the consummation of the Collective Transactions, Subscriber by the Company will as to the tax consequences of this investment, or as to profits, losses or cash flow that may be able received or sustained as a result of this investment, other than those contained in the Memorandum. (vi) All documents, records and books pertaining to satisfy and maintain a proposed investment in the continuing listing standards of Shares which the New York Stock Exchange (“NYSE”) or that Subscriber has requested have been made available to the Common Stock will continue to be listed for trading on the NYSE or be registered under Section 12 of the Securities Exchange Act of 1934, as amendedSubscriber.

Information Concerning the Company. (i) The Holder has access to and reviewed all documents, reports and other filings filed since January 1, 2013 by the Company with the Securities and Exchange Commission (the “Commission”) and publicly available on the Commission’s Electronic Data-Gathering, Analysis, and Retrieval system, as well as this Exchange Agreement, the Credit Agreement Agreement, and the Investment Agreement, and is aware of (i) the existence of certain defaults or events of default under the Credit Agreement, some of which are being waived or are being made subject to a forbearance agreement, all in accordance with the terms set forth in Section 2 of the Third Letter Agreement relating to certain amendments of and waivers under the Credit Agreement (among the parties to the Credit Agreement), (ii) the amendments being made to certain tax gross up provisions in the Credit Agreement, in effect excluding Singapore withholding taxes (imposed with respect to the Singapore Borrower’s interest payments to the Lenders) from being deemed Indemnified Taxes and, thus, reducing the scope of yield protection available to the Lenders under the Credit Agreement, all in accordance with the terms set forth in Section 1.3 of the Third Letter Agreement, and (iii) the payment of the PIK Amendment Payment to the Lenders party to the Third Letter Agreement (equal to 1.5% of the Term Loans outstanding as of the date the Third Letter Agreement becomes effective), all in accordance with the terms set forth in Section 5 of the Third Letter Agreement. The Holder has received and reviewed such other information as it has deemed necessary or appropriate concerning the Company any other matters relevant to its decision to exchange its Notes for the Consideration. (ii) The Holder and its professional advisors (if any) have had access to such financial and other information concerning the Company as they have deemed necessary in connection with its decision to exchange the Notes, have been afforded the opportunity to obtain any information necessary to verify the accuracy of any information set forth in the Transaction Documents, have had all of its inquiries answered to its satisfaction, and have been furnished with such other information that the Holder requested relating to the Company and the Consideration. (iii) The Holder understands that no federal or state agency has passed upon the merits or risks of this Exchange Transaction or made any finding or determination concerning the fairness or advisability of this Exchange Transaction. (iv) The Holder acknowledges the Company cannot provide the Holder with any assurance that following the consummation of the Collective Transactions, the Company will be able to satisfy and maintain the continuing listing standards of the New York Stock Exchange (“NYSE”) or that the Common Stock will continue to be listed for trading on the NYSE or be registered under Section 12 of the Securities Exchange Act of 1934, as amendedamended (the “Exchange Act”).

Information Concerning the Company. (i) The Holder has access to and has reviewed all documents, reports and other filings filed since January 1, 2013 by the Company with the Securities and Exchange Commission (the “Commission”) and publicly available on the Commission’s Electronic Data-Gathering, Analysis, and Retrieval system, as well as this Exchange Agreement, the Credit Agreement and the Investment Agreement, and is aware of (i) the existence of certain defaults or events of default under the Credit Agreement, some of which are being waived or are being made subject to a forbearance agreement, all in accordance with the terms set forth in Section 2 of the Third Letter Agreement relating to certain amendments of and waivers under the Credit Agreement (among the parties to the Credit Agreement), (ii) the amendments being made to certain tax gross up provisions in the Credit Agreement, in effect excluding Singapore withholding taxes (imposed with respect to the Singapore Borrower’s interest payments to the Lenders) from being deemed Indemnified Taxes and, thus, reducing the scope of yield protection available to the Lenders under the Credit Agreement, all in accordance with the terms set forth in Section 1.3 of the Third Letter Agreement, and (iii) the payment of the PIK Amendment Payment to the Lenders party to the Third Letter Agreement (equal to 1.5% of the Term Loans outstanding as of the date the Third Letter Agreement becomes effective), all in accordance with the terms set forth in Section 5 of the Third Letter Agreement. The Holder has received and reviewed such other information as it has deemed necessary or appropriate concerning the Company any other matters relevant to its decision to exchange its Notes for the Consideration. (ii) The Holder and its professional advisors (if any) have had access to such financial and other information concerning the Company as they have deemed necessary in connection with its decision to exchange the Notes, have been afforded the opportunity to obtain any information necessary to verify the accuracy of any information set forth in the Transaction Documents, have had all of its inquiries answered to its satisfaction, and have been furnished with such other information that the Holder requested relating to the Company and the Consideration. (iii) The Holder understands that no federal or state agency has passed upon the merits or risks of this Exchange Transaction or made any finding or determination concerning the fairness or advisability of this Exchange Transaction. (iv) The Holder acknowledges the Company cannot provide the Holder with any assurance that following the consummation of the Collective Transactions, the Company will be able to satisfy and maintain the continuing listing standards of the New York Stock Exchange (“NYSE”) or that the Common Stock will continue to be listed for trading on the NYSE or be registered under Section 12 of the Securities Exchange Act of 1934, as amended.

Information Concerning the Company. (i) The Holder Subscriber acknowledges that it has access to and reviewed received all documents, reports and other filings filed since January 1, 2013 by current information about the Company with including the Securities and Exchange Commission Company's (A) Form 10-KSB for the “Commission”) and publicly available on the Commission’s Electronic Data-Gatheringfiscal year ended June 30, Analysis, and Retrieval system1999, as well as this Exchange Agreement, the Credit Agreement and the Investment Agreement, and is aware of (i) the existence of certain defaults or events of default under the Credit Agreement, some of which are being waived or are being made subject to a forbearance agreement, all in accordance with the terms set forth in Section 2 of the Third Letter Agreement relating to certain amendments of and waivers under the Credit Agreement (among the parties to the Credit Agreement), (ii) the amendments being made to certain tax gross up provisions in the Credit Agreement, in effect excluding Singapore withholding taxes (imposed with respect to the Singapore Borrower’s interest payments to the Lenders) from being deemed Indemnified Taxes and, thus, reducing the scope of yield protection available to the Lenders under the Credit Agreement, all in accordance with the terms set forth in Section 1.3 of the Third Letter Agreement, amended and (iiiB) the payment of the PIK Amendment Payment to the Lenders party to the Third Letter Agreement (equal to 1.5% of the Term Loans outstanding as of the date the Third Letter Agreement becomes effective), all in accordance with the terms set forth in Section 5 of the Third Letter Agreement. The Holder has received and reviewed such other information as it has deemed necessary or appropriate concerning the Company any other matters relevant to its decision to exchange its Notes Forms 10-QSB for the Considerationquarters ended September and December 31, 1999. (ii) The Holder Subscriber or its representative is familiar with the business and financial condition, properties, operations and prospects of the Company, and, at a reasonable time prior to the execution of this Subscription Agreement, that it and its professional advisors (if any) have had access to such financial and other information concerning the Company as they have deemed necessary in connection with its decision to exchange the Notes, representative have been afforded the opportunity to obtain any information necessary to verify ask questions of and receive satisfactory answers from the accuracy Company's officers and directors, or other persons acting on the Company's behalf, concerning the business and financial condition, properties, operations and prospects of any information set forth in the Transaction Documents, have had all of its inquiries answered to its satisfaction, and have been furnished with such other information that the Holder requested relating to the Company and concerning the Considerationterms and conditions of the offering of the Exchange Shares and has asked such questions as it or its representative desires to ask and all such questions have been answered to the full satisfaction of the Subscriber. (iii) The Holder Subscriber understands that no federal or state agency has passed upon that, unless the merits or risks Subscriber notifies the Company in writing to the contrary before the Closing, all the representations and warranties contained in this Subscription Agreement will be deemed to have been reaffirmed and confirmed as of this Exchange Transaction or made any finding or determination concerning the fairness or advisability of this Exchange TransactionClosing, taking into account all information received by the Subscriber. (iv) The Holder Subscriber understands that the purchase of the Exchange Shares involves various risks, including, but not limited to, those outlined in this Subscription Agreement. (v) The Subscriber acknowledges that no representations or warranties have been made to the Subscriber by the Company cannot provide as to the Holder with any assurance that following tax consequences of this investment, or as to profits, losses or cash flow which may be received or sustained as a result of this investment. (vi) All documents, records and books pertaining to a proposed investment in the consummation Exchange Shares which the Subscriber or its representative has requested have been made available to the Subscriber. (vii) The Subscriber or its representative has been provided access to all information requested in evaluating its purchase of the Collective Transactions, Exchange Shares. (viii) The Subscriber agrees to furnish any additional information requested to assure compliance with applicable Federal and State Securities Laws in connection with the Company will be able to satisfy purchase and maintain the continuing listing standards sale of the New York Stock Exchange (“NYSE”) or that the Common Stock will continue to be listed for trading on the NYSE or be registered under Section 12 of the Securities Exchange Act of 1934, as amendedShares.

Information Concerning the Company. (i) The Holder has access to and reviewed all documents, reports and other filings filed since January 1, 2013 by the Company with the Securities and Exchange Commission (the “Commission”) and publicly available on the Commission’s Electronic Data-Gathering, Analysis, and Retrieval system, as well as this Exchange Agreement, the Credit Agreement and Agreement, the Investment Agreement, and is aware of (i) the existence of certain defaults or events of default under the Credit Agreement, some of which are being waived or are being made subject to a forbearance agreement, all in accordance with the terms set forth in Section 2 of the Third Letter Agreement relating to certain amendments of and waivers under the Credit Agreement (among the parties to the Credit Agreement), (ii) the amendments being made to certain tax gross up provisions in the Credit Agreement, in effect excluding Singapore withholding taxes (imposed with respect to the Singapore Borrower’s interest payments to the Lenders) from being deemed Indemnified Taxes and, thus, reducing the scope of yield protection available to the Lenders under the Credit Agreement, all in accordance with the terms set forth in Section 1.3 of the Third Letter Agreement, and (iii) the payment of the PIK Amendment Payment to the Lenders party to the Third Letter Agreement (equal to 1.5% of the Term Loans outstanding as of the date the Third Letter Agreement becomes effective), all in accordance with the terms set forth in Section 5 of the Third Letter Agreement. The Holder has received and reviewed such other information as it has deemed necessary or appropriate concerning the Company any other matters relevant to its decision to exchange its Notes for the Consideration. (ii) The Holder and its professional advisors (if any) have had access to such financial and other information concerning the Company as they have deemed necessary in connection with its decision to exchange the Notes, have been afforded the opportunity to obtain any information necessary to verify the accuracy of any information set forth in the Transaction Documents, have had all of its inquiries answered to its satisfaction, and have been furnished with such other information that the Holder requested relating to the Company and the Consideration. (iii) The Holder understands that no federal or state agency has passed upon the merits or risks of this Exchange Transaction or made any finding or determination concerning the fairness or advisability of this Exchange Transaction. (iv) The Holder acknowledges the Company cannot provide the Holder with any assurance that following the consummation of the Collective Transactions, the Company will be able to satisfy and maintain the continuing listing standards of the New York Stock Exchange (“NYSE”) or that the Common Stock will continue to be listed for trading on the NYSE or be registered under Section 12 of the Securities Exchange Act of 1934, as amended.