Common use of SEC Documents; Undisclosed Liabilities Clause in Contracts

SEC Documents; Undisclosed Liabilities. The Company has been subject to the reporting requirements of Section 13 of the Exchange Act since at least January 1, 1996 and, except as set forth in any Company SEC Document, has timely filed all required reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act with the SEC since January 1, 1996 (the "Company SEC Documents"). As of their respective dates, the Company SEC Documents complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to such Company SEC Documents, and none of the Company SEC Documents at the time filed with the SEC contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to the extent that information contained in any Company SEC Document has been revised or superseded by a later filed Company SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.

SEC Documents; Undisclosed Liabilities. The Company has been subject to the reporting requirements of Section 13 of the Exchange Act since at least January 1, 1996 and, except as set forth in any Company SEC Document, has timely filed all required reports, schedules, forms, statements and other documents required to be filed by the Company under with the Securities Act and the Exchange Act with the SEC since January 1, 1996 Commission (the "Company SEC") since December 31, 1995 (the "SEC Documents"; such term, when used with respect to such documents filed prior to the date of this Agreement, shall mean such documents as amended prior to the date of this Agreement). As of their respective dates, the Company SEC Documents complied in all material respects with the requirements of the Securities Act of 1933, as amended (the "Securities Act"), or the Exchange Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to such Company SEC Documents, and none of the Company SEC Documents at the time filed with the SEC contained contained, when filed, any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except , except to the extent that information contained in any Company SEC Document has such statements have been revised modified or superseded by a later filed Company Filed SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.Document (as defined in

SEC Documents; Undisclosed Liabilities. (i) The Company has been subject to the reporting requirements of Section 13 of the Exchange Act since at least January 1, 1996 and, except as set forth in any Company SEC Document, has timely filed all required reports, schedules, forms, statements forms and other documents required to be filed by the Company under the Securities Act and the Exchange Act with the SEC since January 1, 1996 1995 (the "Company SEC Documents"). As of their respective datesits date, the each Company SEC Documents Document complied in all material respects with the requirements of the Securities Act of 1933, as amended (the "Securities Act"), or the Exchange Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to such Company SEC Documents, and none . None of the Company SEC Documents at the time filed with the SEC contained contains any untrue statement of a material fact or omitted omits to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except , except to the extent that information contained in any Company SEC Document has such statements have been revised modified or superseded by a later filed Company SEC Document, none . (ii) The consolidated financial statements of the Company included in the Company SEC Documents contains any untrue statement of a comply as to form in all material fact or omits to state any material fact required to be stated therein or necessary in order to make respects with applicable accounting requirements and the statements therein, in light of the circumstances under which they were made, not misleading.published

SEC Documents; Undisclosed Liabilities. The Company Purchaser's Guarantor has been subject to the reporting requirements of Section 13 of the Exchange Act since at least January 1, 1996 and, except as set forth in any Company SEC Document, has timely filed all required reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act Purchaser's Guarantor with the SEC United States Securities and Exchange Commission (the "SEC") since January 1, 1996 2004 pursuant to Sections 13(a) and 15(d) of the Securities Exchange Act of 1934, as amended (the "Company Exchange Act") (such documents and any other documents filed by Purchaser's Guarantor with the SEC, as have been amended since the time of their filing, the "SEC Documents"). As of their its respective datesdate, or if amended, as of the Company date of the last such amendment, each SEC Documents Document, including the consolidated financial statements of the Purchaser's Guarantor and its consolidated subsidiaries (including, in each case, any related notes thereto) set forth therein (i) complied in all material respects with the requirements of the Securities Exchange Act or the Exchange Act, Securities Act as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to such Company SEC DocumentsDocument, and none of the Company SEC Documents at the time filed with the SEC contained (ii) did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to the extent that information contained in any Company SEC Document has been revised or superseded by a later filed Company SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.

SEC Documents; Undisclosed Liabilities. The Company has been subject to the reporting requirements of Section 13 of the Exchange Act since for at least January 1, 1996 and, except as set forth in any Company SEC Document, 90 days and has timely filed all required reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act with the SEC Commission since January 1May 28, 1996 1997 (the "Company SEC Documents"). As of their respective dates, the Company SEC Documents complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, and the rules and regulations of the SEC Commission promulgated thereunder applicable to such Company SEC Documents, and none of the Company SEC Documents at the time filed with the SEC contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to the extent that information contained in any Company SEC Document has been revised or superseded by a later filed Company SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The historical financial statements the Company included in the Company SEC Documents comply as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto.