Common use of SEC Filings and Financial Statements Clause in Contracts

SEC Filings and Financial Statements. (a) The Company has filed all forms, reports and documents required to be filed by it pursuant to Section 13 or Section 15(d) of the Exchange Act within the last 12 months on a timely basis or has received and complied with a valid extension of time for filing. The Company has made available to the Purchasers the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 2000 (the "Annual Report") and the Company's Quarterly Reports on Form 10-Q and/or Form 10-QA for the fiscal quarters ended March 31, 2001, June 30, 2001 and September 30, 2001 (the Quarterly Report for the fiscal quarter ended September 30, 2001 hereinafter referred to as the "Quarterly Report"). Except as set forth on Schedule 3.9, all Company filings with the SEC from and after December 31, 2000 complied as to form and substance in all material respects with the rules and regulations of the Commission under the Exchange Act on the respective date of filing and as of such date (or if amended or superseded by a filing prior to the date of this Agreement, on the date of such filing), did not contain any untrue statement of a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

SEC Filings and Financial Statements. (a) The Company has filed all forms, reports and documents required heretofore delivered to be filed by it pursuant to Section 13 or Section 15(d) UBS copies of the Exchange Act within the last 12 months on a timely basis or has received and complied with a valid extension of time for filing. The Company has made available to the Purchasers the Company's (i) Annual Report on Form 10-K for the fiscal year ended December 31January 3, 2000 1999, (ii) the "proxy statement for its 1998 Annual Report"Meeting of Stockholders, and (iii) and the Company's each Quarterly Reports Report on Form 10-Q and/or Q, or amended thereto, that the Company has filed with the Commission after the date of the aforementioned Annual Report on Form 10-QA for K, in each case, substantially in the fiscal quarters ended March 31, 2001, June 30, 2001 and September 30, 2001 (form filed by the Quarterly Report for the fiscal quarter ended September 30, 2001 hereinafter referred to as the "Quarterly Report"). Except as set forth on Schedule 3.9, all Company filings with the SEC from Commission (collectively, together with any other reports filed, as of the date of this Agreement, by the Company under the Exchange Act and after December 31, 2000 complied as to form and substance in all material respects with the rules and regulations of the Commission under since January 1, 1998, the "1934 Act Reports"). All of the 1934 Act Reports complied in all material respects, as ultimately amended as of the effective date of the Registration Statement with all applicable requirements of the Exchange Act on and the respective related rules and regulations thereunder. As ultimately amended as of the effective date of filing and as the Registration Statement, none of such date (or if amended or superseded by a filing prior to the date of this Agreement, on the date of such filing), did not contain 1934 Act 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 the light of the circumstances under which they were made, not misleading.

SEC Filings and Financial Statements. (a) The Company has filed all forms, reports and documents required to be filed by it pursuant to Section 13 or Section 15(d) of the Exchange Act within the last 12 months on a timely basis or has received and complied with a valid extension of time for filing. The Company has made available to the Purchasers the Company's Annual Report on Form 10-K and Form 10-K/A for the fiscal year ended December 31, 2000 2004 (the "Annual Report") and the Company's Quarterly Reports on Form 10-Q and/or Form 10-QA for the fiscal quarters ended March 31, 2001, 2005 and June 30, 2001 and September 30, 2001 2005 (the Quarterly Report for the fiscal quarter ended September June 30, 2001 2005 hereinafter referred to as the "Quarterly Report"). Except as set forth on Schedule 3.9, all Company filings with the SEC from and after December 31, 2000 2004 complied as to form and substance in all material respects with the rules and regulations of the Commission under the Exchange Act on the respective date of filing and as of such date (or if amended or superseded by a filing prior to the date of this Agreement, on the date of such filing), and such filings did not not, and the Private Placement Memorandum does not, contain any untrue statement of a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.

SEC Filings and Financial Statements. (a) The Company has filed all forms, reports and documents required heretofore delivered to be filed by it pursuant to Section 13 or Section 15(d) DBSI copies of the Exchange Act within the last 12 months on a timely basis or has received and complied with a valid extension of time for filing. The Company has made available to the Purchasers the Company's (i) Annual Report on Form 10-K for the fiscal year ended December 31January 3, 2000 1999 (ii) the "proxy statement for its 1998 Annual Report"Meeting of Stockholders, and (iii) and the Company's each Quarterly Reports Report on Form 10-Q and/or Q, or amendment thereto, that the Company has filed with the Commission after the date of the aforementioned Annual Report on Form 10-QA for K, in each case, substantially in the fiscal quarters ended March 31, 2001, June 30, 2001 and September 30, 2001 (form filed by the Quarterly Report for the fiscal quarter ended September 30, 2001 hereinafter referred to as the "Quarterly Report"). Except as set forth on Schedule 3.9, all Company filings with the SEC from Commission (collectively, together with any other reports filed, as of the date of this Agreement, by the Company under the Exchange Act and after December 31, 2000 complied as to form and substance in all material respects with the rules and regulations of the Commission under since January 1, 1998, the "1934 Act Reports"). All of the 1934 Act Reports complied in all material respects, as ultimately amended as of the effective date of the Registration Statement with all applicable requirements of the Exchange Act on and the respective related rules and regulations thereunder. As ultimately amended as of the effective date of filing and as the Registration Statement, none of such date (or if amended or superseded by a filing prior to the date of this Agreement, on the date of such filing), did not contain 1934 Act 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 the light of the circumstances under which they were made, not misleading.