Common use of Pinnacle SEC Reports; Financial Statements Clause in Contracts

Pinnacle SEC Reports; Financial Statements. (i) Pinnacle has made available to Aztar each registration statement, report, proxy statement or information statement prepared by it since December 31, 2002 and filed with the SEC, including Pinnacle's Annual Report on Form 10-K for the year ended December 31, 2004 and Pinnacle's Quarterly Reports on Form 10-Q for the quarterly periods ending March 31, June 30 and September 30, 2005, each in the form (including exhibits, annexes and any amendments thereto) filed with the SEC. Pinnacle has filed or furnished all forms, statements, reports and documents required to be filed or furnished by it with the SEC pursuant to applicable securities statutes, regulations, policies and rules since December 31, 2002 (the forms, statements, reports and documents filed or furnished with the SEC since December 31, 2002 and those filed or furnished with the SEC subsequent to the date of this Agreement, if any, including any amendments thereto, the "Pinnacle Reports"). Each of the Pinnacle Reports filed or furnished on or prior to the date hereof, at the time of its filing (except as and to the extent such Pinnacle Report has been modified or superseded in any subsequent Pinnacle Report filed and publicly available prior to the date of this Agreement), complied or, in the case of any Pinnacle Reports filed or furnished after the date hereof, will comply in all material respects with the applicable requirements of each of the Securities Act and the Exchange Act and the rules and regulations thereunder and complied in all material respects with the then applicable accounting standards. As of their respective dates, except as and to the extent modified or superseded in any subsequent Aztar Report filed and publicly available prior to the date of this Agreement, the Pinnacle Reports did not, and any Pinnacle Reports filed or furnished with the SEC subsequent to the date hereof will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances in which they were made, not misleading.

Pinnacle SEC Reports; Financial Statements. (i) Pinnacle has made available to Aztar each registration statement, report, proxy statement or information statement prepared by it since December 31, 2002 and filed with the SEC, including Pinnacle's ’s Annual Report on Form 10-K for the year ended December 31, 2004 and Pinnacle's ’s Quarterly Reports on Form 10-Q for the quarterly periods ending March 31, June 30 and September 30, 2005, each in the form (including exhibits, annexes and any amendments thereto) filed with the SEC. Pinnacle has filed or furnished all forms, statements, reports and documents required to be filed or furnished by it with the SEC pursuant to applicable securities statutes, regulations, policies and rules since December 31, 2002 (the forms, statements, reports and documents filed or furnished with the SEC since December 31, 2002 and those filed or furnished with the SEC subsequent to the date of this Agreement, if any, including any amendments thereto, the "“Pinnacle Reports"”). Each of the Pinnacle Reports filed or furnished on or prior to the date hereof, at the time of its filing (except as and to the extent such Pinnacle Report has been modified or superseded in any subsequent Pinnacle Report filed and publicly available prior to the date of this Agreement), complied or, in the case of any Pinnacle Reports filed or furnished after the date hereof, will comply in all material respects with the applicable requirements of each of the Securities Act and the Exchange Act and the rules and regulations thereunder and complied in all material respects with the then applicable accounting standards. As of their respective dates, except as and to the extent modified or superseded in any subsequent Aztar Report filed and publicly available prior to the date of this Agreement, the Pinnacle Reports did not, and any Pinnacle Reports filed or furnished with the SEC subsequent to the date hereof will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances in which they were made, not misleading.