Common use of Publicly Filed Documents Clause in Contracts

Publicly Filed Documents. The documents incorporated by reference in the Prospectus, when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Securities Act or the Securities Exchange Act of 1934, as amended (“1934 Act”), as applicable, and the rules and regulations of the Commission thereunder, and none of such documents contained an 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 not misleading; and any further documents so filed by the Company, when such documents become effective or are filed with the Commission by the Company, as the case may be, will comply in all material respects with the requirements of the Securities Act or the 1934 Act, as applicable, and the rules and regulations of the Commission thereunder and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

Publicly Filed Documents. The documents incorporated Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2004 filed with the Commission and all subsequent reports which have been filed by reference in the ProspectusCompany with the Commission or sent to stockholders pursuant to the Securities Exchange Act of 1934, as amended (the “1934 Act”), when they became effective or were filed with the Commission, as the case may be, conformed in all material respects to the requirements of the Securities 1933 Act or the Securities Exchange Act of 1934, as amended (“1934 Act”), as applicable, and the rules and regulations of the Commission thereunder, and none of such documents contained an 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 not misleading; and any further documents so filed by the Company, when such documents become effective or are filed with the Commission by the Company, as the case may be, will comply conform in all material respects with to the requirements of the Securities 1933 Act or the 1934 Act, as applicable, and the rules and regulations of the Commission thereunder and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

Publicly Filed Documents. The documents incorporated by reference in Company's Quarterly Report on Form 10-Q for the Prospectusquarter ended June 30, when they became effective or were 2005 filed with the Commission, as Commission and all subsequent reports which have been filed by the case may be, conformed in all material respects Company with the Commission or sent to the requirements of the Securities Act or stockholders pursuant to the Securities Exchange Act of 1934, as amended (“the "1934 Act”") and the Company's Registration Statement on Form S-4 (No. 333-126162), when they were filed with the Commission, complied in all material respects to the requirements of the 1933 Act or the 1934 Act, as applicable, and the rules and regulations of the Commission thereunder, and none of such documents contained an 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 not misleading; and any further documents so filed by the Company, when such documents become effective or are filed with the Commission by the Company, as the case may be, will comply in all material respects with to the requirements of the Securities 1933 Act or the 1934 Act, as applicable, and the rules and regulations of the Commission thereunder and will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.