Common use of SEC Filings, Etc Clause in Contracts

SEC Filings, Etc. The Company has heretofore delivered to each Purchaser correct and complete copies of the SEC Documents. The SEC Documents were true and correct in all material respects at the time filed with respect to the periods covered thereby; and such reports, as amended, supplemented, or updated by subsequent filings, are true and correct as of the date so amended, supplemented or updated in all material respects, do not contain any misstatement of a material fact and do not omit to state a material fact or any fact required to be stated therein or necessary to make the statements contained therein not materially misleading with respect to the periods covered thereby; and all amendments or supplements thereto required to be filed under the federal securities laws have been so filed. The consolidated financial statements of the Company included in the SEC Documents complied, when filed, with the then-applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may have been indicated in the notes thereto or, in the case of the unaudited statements, as permitted by Form 10-QSB promulgated by the SEC) and fairly presented (subject in the case of the unaudited statements, to normal audit adjustments) the financial position of the Company at the dates thereof and the consolidated results of the operations and statement of changes in financial position for the periods then ended. The Company has filed all documents and agreements that were required to be filed as exhibits to the SEC Documents and all such documents and agreements when filed were correct and complete in all material respects. Notwithstanding the foregoing, the Company's financial situation has changed since the Company filed the SEC Documents.

SEC Filings, Etc. The Company has heretofore delivered to each Purchaser correct and complete copies of the SEC Documents. The SEC Documents were true and correct in all material respects at the time filed with respect to the periods covered thereby; and such reports, as amended, supplemented, or updated by subsequent filings, are true and correct as of the date so amended, supplemented or updated in all material respects, do not contain any misstatement of a material fact and do not omit to state a material fact or any fact required to be stated therein or necessary to make the statements contained therein not materially misleading with respect to the periods covered thereby; and all amendments or supplements thereto required to be filed under the federal securities laws have been so filed. The consolidated financial statements of the Company included in the SEC Documents complied, when filed, with the then-applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may have been indicated in the notes thereto or, in the case of the unaudited statements, as permitted by Form 10-QSB promulgated by the SEC) and fairly presented (subject in the case of the unaudited statements, to normal audit adjustments) the financial position of the Company at the dates thereof and the consolidated results of the operations and statement of changes in financial position for the periods then ended. The Company has filed all documents and agreements that were required to be filed as exhibits to the SEC Documents and all such documents and agreements when filed were correct and complete in all material respects. Notwithstanding the foregoing, the Company's financial situation has changed since the Company filed the SEC Documents.

SEC Filings, Etc. The Company DUSA has heretofore delivered to each the Purchaser correct and complete copies of the SEC Documents. The SEC Documents were true and correct in all material respects at the time filed with respect to the periods covered therebyfiled; and such reports, as amended, supplemented, or updated by subsequent filings, are true and correct as of the date so amended, supplemented or updated in all material respects, do not contain any misstatement of a material fact and do not omit to state a material fact or any fact required to be stated therein or necessary to make the statements contained therein not materially misleading with respect to the periods covered therebymisleading; and all amendments or supplements thereto required to be filed under the federal securities laws law have been so filed. The DUSA's consolidated financial statements of the Company included in the SEC Documents (the "Financial Statements") complied, in all material respects, when filed, with the then-applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may have been indicated in the notes thereto or, in the case of the unaudited statements, as permitted by Form 10-QSB Q promulgated by the SEC) and fairly presented (subject in the case of the unaudited statements, to normal year-end audit adjustments) the DUSA's financial position of the Company at the dates thereof and the consolidated results of the operations and statement of changes in financial position for the periods then ended. The Company has filed all documents and agreements that were required to be filed as exhibits to the SEC Documents and all such documents and agreements when filed were correct and complete in all material respects. Notwithstanding the foregoing, the Company's financial situation has changed since the Company filed the SEC Documents.

SEC Filings, Etc. The Company Simplex has heretofore delivered to each Purchaser AHT correct and complete copies of the Simplex SEC DocumentsReport. The Simplex SEC Documents were Report is true and correct in all material respects at the time filed with respect to the periods covered thereby; and such reportsreport, as amended, supplemented, or updated by subsequent filings, are is true and correct as of the date so amended, supplemented or updated in all material respects, do does not contain any misstatement of a material fact facts and do does not omit to state a material fact or any fact required to be stated therein or necessary to make the statements contained therein not materially misleading with respect to the periods covered thereby; and all amendments or supplements thereto required to be filed under the federal securities laws have been so filed. The consolidated financial statements of the Company Simplex included in the Simplex SEC Documents Report (the "Simplex Financial Statements") complied, when filed, with the then-applicable accounting requirements and the published rules and regulations of the SEC Securities and Exchange Commission (the "SEC") with respect thereto, were prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may have been indicated in the notes thereto thereto) or, in the case of the unaudited statements, as permitted by Form 10-QSB promulgated by the SEC) and fairly presented (subject in the case of the unaudited statements, to normal audit adjustments) the financial position of the Company Simplex at the dates thereof and the consolidated results of the operations and statement of changes in financial position for the periods then ended. The Company Simplex has filed all documents and agreements that were required to be filed as exhibits to the Simplex SEC Documents Report and all such documents and agreements when filed were correct and complete in all material respects. Notwithstanding Simplex is in compliance in all material respects with the foregoing, Exchange Act and the Company's financial situation has changed since the Company filed rules and regulations of the SEC Documentsthereunder.

SEC Filings, Etc. The Company Corporation has heretofore delivered furnished or provided reasonable access or to each Purchaser Subscriber correct and complete copies of the SEC Documents. The SEC Documents were true and correct in all material respects at the time filed with respect to the periods covered thereby; and such reports, as amended, supplemented, or updated by subsequent filings, are true and correct as of the date so amended, supplemented supplemented, or updated in all material respects, do not contain any misstatement of a material fact fact, and do not omit to state a material fact or any fact required to be stated therein or necessary to make the statements contained therein not materially misleading with respect to the periods covered thereby; and all amendments or supplements thereto required to be filed under the federal securities laws have been so filed. The consolidated financial statements of the Company Corporation included in the SEC Documents complied, when filed, with the then-applicable then -applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may have been indicated in the notes thereto or, in the case of the unaudited statements, as permitted by Form 10-QSB promulgated by the SEC) and fairly presented (subject subject, in the case of the unaudited statements, to normal audit adjustments) the financial position of the Company Corporation at the dates thereof and the consolidated results of the operations and statement of changes in financial position for the periods then ended. The Company Corporation has filed all documents and agreements that were required to be filed as exhibits to the SEC Documents and all such documents and agreements when filed were correct and complete in all material respects. Notwithstanding the foregoing, the Company's financial situation has changed since the Company filed the SEC Documents.