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

Reports with the Securities and Exchange Commission. The Company has made available to the Investors and the Investors' special counsel complete and accurate copies of its Form 10-K for its 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 Form 10-K. Such 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 current or pending filings described in this paragraph.

Reports with the Securities and Exchange Commission. The Company has made available to the Investors and the Investors' special counsel complete and accurate copies of its --------------------------------------------------- Company's annual report on Form 10-K for its three most recent fiscal yearsFiscal 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. Such filings K and its most recent annual report to its stockholders 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 current or pending filings reports described in this paragraph.

Reports with the Securities and Exchange Commission. The Company has made available to furnished the Investors and the Investors' special counsel Lender with complete and accurate copies of its annual report on Form 10-K for its three most recent fiscal yearsFiscal 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. 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 current or pending filings reports described in this paragraph.