Common use of Parent SEC Documents Clause in Contracts

Parent SEC Documents. (a) Parent has made available to Company, or the Electronic Data Gathering, Analysis and Retrieval (XXXXX) database of the SEC contains in a publicly available format, accurate and complete copies of all registration statements, definitive proxy statements and other statements, reports, schedules, forms and other documents (and all amendments or supplements thereto excluding exhibits thereto) filed or furnished by Parent with the SEC since December 30, 2007 (the “Parent SEC Documents”). All statements, reports, schedules, forms and other documents required to have been filed or furnished by Parent with the SEC since December 30, 2007 have been so filed or furnished. As of the time it was filed with or furnished to the SEC CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 60 (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing): (i) each of the Parent SEC Documents complied in all material respects with the applicable requirements of the Securities Act or the Exchange Act (as the case may be); and (ii) none of the Parent SEC Documents contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Parent SEC Documents. (a) Parent has furnished or made available to the Company, or the Electronic Data Gathering, Analysis Indemnifying Officer and Retrieval (XXXXX) database Securityholder Representative a correct and complete copy of Parent's Annual Report on Form 10-KSB filed with the SEC contains in a publicly available formatwith respect to the fiscal year ended September 30, accurate 2006, and complete copies of all Parent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended June 30, 2006, (the "Form 10-QSB"), and registration statements, definitive proxy statements and other statements, reports, schedules, forms and other documents (and all amendments or supplements thereto excluding exhibits thereto) statement filed or furnished on Form 8-K filed by Parent with the SEC since December 30on or after the date of filing of the Form 10-QSB, 2007 which are all the documents that Parent was required to file (or otherwise did file) with the “SEC in accordance with Sections 13, 14 and 15(d) of the Securities Exchange Act on or after the date of filing with the SEC of the Form SB-2 (as amended, the "Parent SEC Documents”"). All statements, reports, schedules, forms and other documents required to have been filed or furnished by Parent with the SEC since December 30, 2007 have been so filed or furnished. As of their respective filing dates, or in the time it was filed with or furnished to the SEC CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 60 (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing): (i) each case of the Parent SEC Documents complied in all material respects with the applicable requirements of the Securities Act or the Exchange Act (as the case may be); and (ii) Form SB-2 registration statement, their respective effective times, none of the Parent SEC Documents (including all exhibits and schedules thereto and documents incorporated by reference therein) contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the Parent SEC Documents complied when filed, or in the case of registration statements, as of their respective effective times, in all material respects with the then applicable requirements of the Securities Act or the Securities Exchange Act, as the case may be, and the rules and regulations promulgated by the SEC thereunder.

Parent SEC Documents. (a) Parent has furnished or made available to the Company, or the Electronic Data Gathering, Analysis Indemnifying Officer and Retrieval (XXXXX) database Securityholder Representative a correct and complete copy of Parent's Annual Report on Form 10-KSB filed with the SEC contains in a publicly available formatwith respect to the fiscal year ended December 30, accurate 2006, and complete copies of all registration statementsParent's Quarterly Report on Form 10-QSB filed with the SEC with respect to the fiscal quarter ended March 31, definitive proxy statements 2007, (the "Form 10-QSB"), information statement filed on Form 14A on April 30, 2007 and other statementsForm 8-Ks filed May 7, reports2007 and May 24, schedules2007, forms and other documents (and all amendments or supplements thereto excluding exhibits thereto) filed or furnished by Parent with the SEC, which are all the documents that Parent was required to file (or otherwise did file) with the SEC since December 30in accordance with Sections 13, 2007 14 and 15(d) of the Securities Exchange Act on or after the date of filing with the SEC of the Form SB-2 (as amended, the “"Parent SEC Documents”"). All statements, reports, schedules, forms and other documents required to have been filed or furnished by Parent with the SEC since December 30, 2007 have been so filed or furnished. As of their respective filing dates, or in the time it was filed with or furnished to the SEC CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 60 (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing): (i) each case of the Parent SEC Documents complied in all material respects with the applicable requirements of the Securities Act or the Exchange Act (as the case may be); and (ii) Form SB-2 registration statement, their respective effective times, none of the Parent SEC Documents (including all exhibits and schedules thereto and documents incorporated by reference therein) contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, and the Parent SEC Documents complied when filed, or in the case of registration statements, as of their respective effective times, in all material respects with the then applicable requirements of the Securities Act or the Securities Exchange Act, as the case may be, and the rules and regulations promulgated by the SEC thereunder. To Parent's knowledge there is no Person required to file a Schedule 13D or Form 3 by virtue of having beneficial ownership of more than 5% of Parent' s Common Stock who has not made such a filing.

Parent SEC Documents. (a) Parent has made available to Companyfiled or furnished, or the Electronic Data Gatheringas applicable, Analysis and Retrieval (XXXXX) database of the SEC contains in a publicly available format, accurate and complete copies of all registration statements, definitive proxy statements and other statements, required reports, schedules, forms forms, statements and other documents (including exhibits and all amendments or supplements thereto excluding exhibits theretoother information incorporated therein) with the SEC required to be filed or furnished by Parent with the SEC it since December 30September 27, 2007 2000 (collectively, the “Parent SEC Documents”). All statements, reports, schedules, forms and other documents required to have been filed or furnished by Parent with the SEC since December 30, 2007 have been so filed or furnished. As of the time it was filed with or furnished to the SEC CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 60 (ortheir respective dates, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing): (i) each of the Parent SEC Documents complied in all material respects with the applicable requirements of the Securities Act or the Exchange Act (Act, as the case may be); , and (ii) the rules and regulations of the SEC promulgated thereunder applicable to such Parent SEC Documents, and none of the Parent SEC Documents at the time it was filed contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to the extent that information contained in any Parent SEC Document has been revised or superseded by a later-filed Parent SEC Document, none of the Parent SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.

Parent SEC Documents. (a) Parent has made available to Company, or the Electronic Data Gathering, Analysis and Retrieval (XXXXX) database of the SEC contains in a publicly available format, accurate and complete copies of all registration statements, definitive proxy statements and other statements, 39 All reports, schedules, forms forms, statements and other documents (including financial statements and all amendments or supplements thereto excluding exhibits theretoexhibits) required to be filed or furnished by Parent with the SEC under the Exchange Act or Securities Act since December 30January 1, 2007 2021 (the “Parent SEC Documents”). All statements, reports, schedules, forms and other documents required to ) have been filed (or, to the extent permitted by applicable Law, furnished) by or furnished by on behalf of Parent with the SEC since December 30, 2007 have been so filed or furnishedon a timely basis. As of the time it was filed with or furnished to the SEC CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 60 (or, if amended, supplemented amended or superseded by a filing prior to the date of this Agreementsuperseded, then on the date of such amended or superseding filing): (i) each of the Parent SEC Documents complied in all material respects with the applicable requirements of the Securities Act or Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act (as the case may be)) and the applicable regulations promulgated thereunder and the listing requirements and corporate governance rules and regulations of the NYSE, each as in effect on the date such Parent SEC Document was filed; and (ii) none of the Parent SEC Documents (including any financial statements included or incorporated by reference therein) contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading.

Parent SEC Documents. (a) Parent has made available to Company, or the Electronic Data Gathering, Analysis and Retrieval (XXXXX) database of timely filed with the SEC contains in a publicly available format(including following any extensions of time for filing provided by Rule 12b-25 promulgated under the Exchange Act) each report, accurate schedule, registration statement and complete copies of all registration statements, definitive proxy statements and other statements, reports, schedules, forms and other documents (and all amendments or supplements thereto excluding exhibits thereto) filed or furnished by statement that Parent was required to file with the SEC since December 30April 4, 2007 2011 (such documents, the “Parent SEC Documents”). All statements, reports, schedules, forms and other documents required to have been filed or furnished by Parent with the SEC since December 30, 2007 have been so filed or furnished. As of At the time it was filed with they were filed, or furnished to if amended or restated, at the SEC CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 60 (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date time of such filing): (i) each of later amendment or restatement, the Parent SEC Documents (i) complied in all material respects with the applicable requirements of the Securities Act or Act, the Exchange Act (Act, as the case may be); , and the rules and regulations of the SEC promulgated thereunder, and, to the extent in effect and applicable, the Xxxxxxxx-Xxxxx Act, and (ii) none of the Parent SEC Documents contained did not contain any untrue statement of a material fact or omitted omits to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Parent has made available to the Company true and complete copies of all comment letters received by Parent from the SEC since April 4, 2011, together with all written responses of Parent thereto. As of the date hereof, to the Knowledge of Parent, there are no outstanding or unresolved comments in such comment letters and none of the Parent SEC Documents is the subject of any ongoing review by the SEC.