SEC Documents and Other Reports. VoiceStream has filed with the SEC all documents required to be filed by it since January 1, 1999 under the Securities Act or the Exchange Act (the "VoiceStream SEC Documents"). As of their respective filing dates, the VoiceStream SEC Documents were prepared substantially in accordance with the requirements of the Securities Act or the Exchange Act, as the case may be, each as in effect on the date so filed, and at the time filed with the SEC (or if amended or superseded by a filing prior to the date hereof, then on the date of such filing) none of the VoiceStream SEC Documents contained any untrue statement of a material fact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, in light of the circumstances under which they were made, not misleading. The financial statements of VoiceStream included in the VoiceStream SEC Documents have been prepared in accordance with generally accepted accounting principles (except in the case of the unaudited statements, under the Exchange Act) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly present the consolidated financial position of VoiceStream and the consolidated VoiceStream Subsidiaries as of the respective dates thereof and the consolidated results of operations and consolidated cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments and to any other adjustments described therein).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Voicestream Wireless Corp /De), Agreement and Plan of Reorganization (Powertel Inc /De/)
SEC Documents and Other Reports. VoiceStream Parent has filed all required documents with the SEC all documents required to be filed by it since January 1, 1999 under the Securities Act or the Exchange Act 1995 (the "VoiceStream Parent SEC Documents"). As of their respective filing dates, the VoiceStream Parent SEC Documents were prepared substantially complied in accordance all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, each as in effect on and, at the date so respective times they were filed, and at the time filed with the SEC (or if amended or superseded by a filing prior to the date hereof, then on the date of such filing) none of the VoiceStream Parent SEC Documents contained any untrue statement of a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 to make the statements therein, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of VoiceStream Parent included in the VoiceStream Parent SEC Documents have been complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles (except "GAAP") (except, in the case of the unaudited statements, under as permitted by Form 10-Q of the Exchange ActSEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly present in accordance with GAAP the consolidated financial position of VoiceStream Parent and the its consolidated VoiceStream Subsidiaries as of at the respective dates thereof and the consolidated results of their operations and their consolidated cash flows for the periods then ended (subject, in the case of unaudited statements, to any other adjustments described therein and normal year-end audit adjustments and to any other adjustments described therein). Except as disclosed in Parent SEC Documents filed prior to the date hereof or as required by GAAP, Parent has not, since January 31, 1998, made any change in the accounting practices or policies applied in the preparation of financial statements. The books and records of Parent and its Subsidiaries have been, and are being, maintained in accordance with GAAP and other applicable legal and accounting requirements.
Appears in 2 contracts
Samples: Merger Agreement (Proffitts Inc), Merger Agreement (Saks Holdings Inc)
SEC Documents and Other Reports. VoiceStream The Company has filed all required documents with the SEC all documents required to be filed by it since January June 1, 1999 under the Securities Act or the Exchange Act 2001 (the "VoiceStream “Company SEC Documents"Reports”). As of their respective filing dates, the VoiceStream Company SEC Documents were prepared substantially Reports complied in accordance all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, each as in effect on and, at the date so respective times they were filed, and at the time filed with the SEC (or if amended or superseded by a filing prior to the date hereof, then on the date of such filing) none of the VoiceStream Company SEC Documents Reports contained any 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, in light of the circumstances under which they were made, not misleading. The consolidated financial statements (including, in each case, any notes thereto) of VoiceStream the Company included in the VoiceStream Company SEC Documents have been Reports complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with U.S. generally accepted accounting principles (except “GAAP”) (except, in the case of the unaudited statements, under as permitted by Form 10-Q of the Exchange ActSEC) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly present in accordance with GAAP the consolidated financial position of VoiceStream the Company and the its consolidated VoiceStream Subsidiaries as of at the respective dates thereof and the consolidated results of their operations and their consolidated cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments and to any other adjustments described therein). Except as disclosed in the Company SEC Reports or as required by GAAP, the Company has not, since March 31, 2004, made any change in the accounting practices or policies applied in the preparation of financial statements. The books and records of the Company and its Subsidiaries have been, and are being, maintained in accordance with GAAP and other applicable legal and accounting requirements, including but not limited to Section 13(b)(2) of the Exchange Act.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Dimon Inc), Agreement and Plan of Reorganization (Standard Commercial Corp)
SEC Documents and Other Reports. VoiceStream Powertel has filed with the SEC all documents required to be filed by it since January 1, 1999 1997 under the Securities Act or the Exchange Act (the "VoiceStream Powertel SEC Documents"). As of their respective filing dates, the VoiceStream Powertel SEC Documents were prepared substantially in accordance with the requirements of the Securities Act or the Exchange Act, as the case may be, each as in effect on the date so filed, and at the time filed with the SEC (or if amended or superseded by a filing prior to the date hereof, then on the date of such filing) none of the VoiceStream Powertel SEC Documents contained any 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, in light of the circumstances under which they were made, not misleading. The financial statements of VoiceStream Powertel included in the VoiceStream Powertel SEC Documents have been prepared in accordance with generally accepted accounting principles (except in the case of the unaudited statements, statements permitted by Form 10-Q under the Exchange Act) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly present the consolidated financial position of VoiceStream Powertel and the consolidated VoiceStream Powertel Subsidiaries as of the respective dates thereof and the consolidated results of operations and consolidated cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments and to any other adjustments described therein).
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Voicestream Wireless Corp /De), Agreement and Plan of Reorganization (Powertel Inc /De/)
SEC Documents and Other Reports. VoiceStream Gasco has filed with the SEC all documents required to be filed by it since January 1, 1999 it became required to do so under the Securities Act or the Exchange Act (the "VoiceStream Gasco SEC Documents"). As of their respective filing dates, the VoiceStream Gasco SEC Documents were prepared substantially in accordance with the requirements of the Securities Act or the Exchange Act, as the case may be, each as in effect on the date so filed, and at the time filed with the SEC (or if amended or superseded by a filing prior to the date hereof, then on the date of such filing) none of the VoiceStream Gasco SEC Documents contained any 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, in light of the circumstances under which they were made, not misleading. The financial statements of VoiceStream Gasco included in the VoiceStream Gasco SEC Documents have been prepared in accordance with generally accepted accounting principles (except in the case of the unaudited statements, statements permitted by Form 10-Q under the Exchange Act) applied on a consistent basis during the periods involved (except as may be indicated therein or in the notes thereto) and fairly present the consolidated financial position of VoiceStream Gasco and the consolidated VoiceStream Gasco Subsidiaries as of the respective dates thereof and the consolidated results of operations and consolidated cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments and to any other adjustments described therein).
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