Common use of Reports with the Securities and Exchange Commission Clause in Contracts

Reports with the Securities and Exchange Commission. The Company's annual report on Form 10-K for its two most recent fiscal years, all other reports or documents required to be filed by the Company pursuant to Section 13(a) or 15(d) of the Securities Exchange Act since the filing of the most recent annual report on Form 10-K, its most recent annual report to its stockholders and the solicitation of proxy statements delivered to the Company's stockholders regarding the Acquisition and the issuance of the Preferred Stock and the Other Preferred Stock in connection therewith (in each case, together with all amendments thereof and notices or updates with respect thereto) do not contain any material false statements or any misstatement of any material fact and do not omit to state any fact necessary to make the statements set forth therein not misleading. The Company has made all filings with the Securities and Exchange Commission which it is required to make, and the Company has not received any request from the Securities and Exchange Commission to file any amendment or supplement to any of the reports described in this paragraph.

Reports with the Securities and Exchange Commission. The Company's Company --------------------------------------------------- has furnished the Purchasers with complete and accurate copies of its annual report on Form 10-K for its two most recent fiscal years, all other reports or documents required to be filed by the Company pursuant to Section 13(a) or 15(d) of the Securities Exchange Act since the filing of the most recent annual report on Form 10-K, its most recent annual report to its stockholders and the solicitation of proxy statements statement delivered to the Company's stockholders regarding the Acquisition Merger (and the issuance of the Preferred Stock and the Other Preferred Stock in connection therewith (in each case, together with all amendments thereof and notices or updates with respect thereto) ). Such reports and filings do not contain any material false statements or any misstatement of any material fact and do not omit to state any fact necessary to make the statements set forth therein not misleading. The Company has made all filings with the Securities and Exchange Commission which it is required to make, and the Company has not received any request from the Securities and Exchange Commission to file any amendment or supplement to any of the reports described in this paragraphSection.

Reports with the Securities and Exchange Commission. The Company's Company has made available to the Lender complete and accurate copies of its annual report on Form 10-K for its two three most recent fiscal years, all other reports or documents required to be filed by the Company pursuant to Section 13(a) or 15(d) of the Securities Exchange Act since the filing of the most recent annual report on Form 10-K, K and its most recent annual report to its stockholders shareholders. Such reports and the solicitation of proxy statements delivered to the Company's stockholders regarding the Acquisition and the issuance of the Preferred Stock and the Other Preferred Stock in connection therewith filings (in each case, together with all amendments thereof and notices or updates with respect theretoa) do not contain any material false statements or any misstatement an untrue statement of any a material fact and do not omit to state any fact necessary to make the statements set forth therein not misleadingmisleading and (b) complied in all material respects with the applicable requirements of the Securities Exchange Act and the Securities Act, as the case may be, and the applicable rules and regulations thereunder. The Company has made all filings with the Securities and Exchange Commission which it is required to make, and the Company has not received any request from the Securities and Exchange Commission to file any amendment or supplement to any of the reports described in this paragraphparagraph or for further information with respect thereto and, to the best knowledge of the Company, the Securities and Exchange Commission has not initiated any investigation of the Company.