Common use of Information to the Underwriters Clause in Contracts

Information to the Underwriters. The Company will deliver to you, for a period of at least five (5) years from the Closing Date: (i) as soon as practicable, but in any event within ninety-five (95) days after the close of each fiscal year of the Company, or as soon thereafter as practicable, a financial report of the Company and its subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated subsidiaries, if any, all such reports to include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of changes in financial condition and a statement of stockholders' equity covering such fiscal year, and all to be in reasonable detail and certified by independent public accountants who may, however, be the regularly employed independent public accountants of the Company; (ii) within one hundred and five (105) days after the end of each quarterly fiscal period of the Company, other than the last quarterly fiscal period in any fiscal year, or as soon thereafter as practicable, copies of the consolidated statement of operations, the statement of stockholders' equity and statement of changes in financial condition for that period, and the balance sheet as of the end of that period of the Company and its subsidiaries, if any, the statement of operations, the statement of stockholders' equity and statement of changes in financial condition and the balance sheet of each unconsolidated subsidiary, if any, of the Company for that period, all subject to year-end adjustment, certified by the principal financial or accounting officer of the Company; (iii) copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, to the financial press or to the public, or shall file with the Commission, including, but not limited to periodic reports required to be filed under Sections 13 and 15 of the Exchange Act, in particular Forms 10-K, 10-Q and 8-K (which shall be provided within the same period such reports are required to be filed with the Commission); (iv) a copy of each "weekly position sheet" generated by the Depository Trust Corporation pursuant to a subscription for such service that the Company shall maintain at its expense; and (v) upon request in writing, such other information as may reasonably be requested with reference to the property, business, stockholders and affairs of the Company and its subsidiaries, if any.

Information to the Underwriters. The Company will deliver to you, for a period of at least five (5) years (or such earlier date if the Representatives' Warrants and the Representatives' Underlying Warrants have been exercised in full) from the Closing Date: (i) as soon as practicable, but in any event within ninety-five (95) days after the close of each fiscal year of the Company, or as soon thereafter as practicable, a financial report of the Company and its subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated subsidiaries, if any, all such reports to include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of changes in financial condition and a statement of stockholdersshareholders' equity covering such fiscal year, and all to be in reasonable detail and certified by independent public accountants who may, however, be the regularly employed independent public accountants of the Company; (ii) within one hundred and five (105) days after the end of each quarterly fiscal period of the Company, other than the last quarterly fiscal period in any fiscal year, or as soon thereafter as practicable, copies of the consolidated statement of operations, the statement of stockholdersshareholders' equity and statement of changes in financial condition for that period, and the balance sheet as of the end of that period of the Company and its subsidiaries, if any, the statement of operations, the statement of stockholdersshareholders' equity and statement of changes in financial condition and the balance sheet of each unconsolidated subsidiary, if any, of the Company for that period, all subject to year-end adjustment, certified by the principal financial or accounting officer of the Company; (iii) copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, to the financial press or to the public, or shall file with the Commission, including, but not limited to periodic reports required to be filed under Sections 13 and 15 of the Exchange Act, in particular Forms 10-KKSB, 10-Q QSB and 8-K (which shall be provided within the same period such reports are required to be filed with the Commission); (iv) a copy of each "weekly position sheet" generated by the Depository Trust Corporation pursuant to a subscription for such service that the Company shall maintain at its expense; and (v) upon request in writing, such other information as may reasonably be requested with reference to the property, business, stockholders shareholders and affairs of the Company and its subsidiaries, if any.

Information to the Underwriters. The Company will deliver to you, for a period of at least five (5) years (or such earlier date if the Underwriters' Purchase Option and the Underwriters' Warrant have been exercised in full) from the Closing Date: (i) as soon as practicable, but in any event within ninety-five (95) days after the close of each fiscal year of the Company, or as soon thereafter as practicable, a financial report of the Company and its subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated subsidiaries, if any, all such reports to include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of changes in financial condition and a statement of stockholders' equity covering such fiscal year, and all to be in reasonable detail and certified by independent public accountants who may, however, be the regularly employed independent public accountants of the Company; (ii) within one hundred and five (105) days after the end of each quarterly fiscal period of the Company, other than the last quarterly fiscal period in any fiscal year, or as soon thereafter as practicable, copies of the consolidated statement of operations, the statement of stockholders' equity and statement of changes in financial condition for that period, and the balance sheet as of the end of that period of the Company and its subsidiaries, if any, the statement of operations, the statement of stockholders' equity and statement of changes in financial condition and the balance sheet of each unconsolidated subsidiary, if any, of the Company for that period, all subject to year-end adjustment, certified by the principal financial or accounting officer of the Company; (iii) copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, to the financial press or to the public, or shall file with the Commission, including, but not limited to periodic reports required to be filed under Sections 13 and 15 of the Exchange Act, in particular Forms 10-K, 10-Q and 8-K (which shall be provided within the same period such reports are required to be filed with the Commission); (iv) a copy of each "weekly position sheet" generated by the Depository Trust Corporation pursuant to a subscription for such service that the Company shall maintain at its expense; and (v) upon request in writing, such other information as may reasonably be requested with wiTh reference to the property, business, stockholders and affairs of the Company and its subsidiaries, if any.

Information to the Underwriters. The Company will deliver to you, for a period of at least five (5) years (or such earlier date if the Underwriter's Purchase Option and the Underwriter's Warrant have been exercised in full) from the Closing Date: (i) as soon as practicable, but in any event within ninety-five (95) days after the close of each fiscal year of the Company, or as soon thereafter as practicable, a financial report of the Company and its subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated subsidiaries, if any, all such reports to include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of changes in financial condition and a statement of stockholdersshareholders' equity covering such fiscal year, and all to be in reasonable detail and certified by independent public accountants who may, however, be the regularly employed independent public accountants of the Company; (ii) within one hundred and five (105) days after the end of each quarterly fiscal period of the Company, other than the last quarterly fiscal period in any fiscal year, or as soon thereafter as practicable, copies of the consolidated statement of operations, the statement of stockholdersshareholders' equity and statement of changes in financial condition for that period, and the balance sheet as of the end of that period of the Company and its subsidiaries, if any, the statement of operations, the statement of stockholdersshareholders' equity and statement of changes in financial condition and the balance sheet of each unconsolidated subsidiary, if any, of the Company for that period, all subject to year-end adjustment, certified by the principal financial or accounting officer of the Company; (iii) copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, to the financial press or to the public, or shall file with the Commission, including, but not limited to periodic reports required to be filed under Sections 13 and 15 of the Exchange Act, in particular Forms 10-KKSB, 10-Q QSB and 8-K (which shall be provided within the same period such reports are required to be filed with the Commission); (iv) a copy of each "weekly position sheet" generated by the Depository Trust Corporation pursuant to a subscription for such service that the Company shall maintain at its expense; and (v) upon request in writing, such other information as may reasonably be requested with reference to the property, business, stockholders shareholders and affairs of the Company and its subsidiaries, if any.

Information to the Underwriters. The Company will deliver to you, for a period of at least five (5) years from the Closing Date: (i) as soon as practicable, but in any event within ninety-five (95) days after the close of each fiscal year of the Company, or as soon thereafter as practicable, a financial report of the Company and its subsidiaries, if any, on a consolidated basis, and a similar financial report of all unconsolidated subsidiaries, if any, all such reports to include a balance sheet as of the end of the preceding fiscal year, a statement of operations, a statement of changes in financial condition and a statement of stockholders' equity covering such fiscal year, and all to be in reasonable detail and certified by independent public accountants who may, however, be the regularly employed independent public accountants of the Company; (ii) within one hundred and five (105) days after the end of each quarterly fiscal period of the Company, other than the last quarterly fiscal period in any fiscal year, or as soon thereafter as practicable, copies of the consolidated statement of operations, the statement of stockholders' equity and statement of changes in financial condition for that period, and the balance sheet as of the end of that period of the Company and its subsidiaries, if any, the statement of operations, the statement of stockholders' equity and statement of changes in financial condition and the balance sheet of each unconsolidated subsidiary, if any, of the Company for that period, all subject to year-end adjustment, certified by the principal financial or accounting officer of the Company; (iii) copies of all other statements, documents, or other information which the Company shall mail or otherwise make available to any class of its security holders, to the financial press or to the public, or shall file with the Commission, including, but not limited to periodic reports required to be filed under Sections 13 and 15 of the Exchange Act, in particular Forms 10-K, 10-Q and 8-K (which shall be provided within the same period such reports are required to be filed with the Commission); and (iv) a copy of each "weekly position sheet" generated by the Depository Trust Corporation pursuant to a subscription for such service that the Company shall maintain at its expense; and (v) upon request in writing, such other information as may reasonably be requested with reference to the property, business, stockholders and affairs of the Company and its subsidiaries, if any.