Common use of SEC Filings; Financial Statements; Nasdaq Listing Clause in Contracts

SEC Filings; Financial Statements; Nasdaq Listing. (a) All documents of the Company filed with the SEC pursuant to the Exchange Act are referred to herein as the “Exchange Act Reports”. The Exchange Act Reports, when they were filed with the SEC, complied in all material respects with the requirements of the Exchange Act and the applicable rules and regulations of the SEC thereunder. The Exchange Act Reports did not, as of their respective dates, contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Except as set forth under Section 3.05 (a) of the Disclosure Schedule, the Company has timely filed all reports and registration statements and made all filings required to be made with the SEC under the Exchange Act, the Securities Act or the applicable rules and regulations of the SEC thereunder, all of which complied when filed in all material respects with all applicable requirements of the Securities Act and the Xxxxxxxx-Xxxxx Act of 2002 (with respect to the provisions of such act required to be complied with at the time such forms, reports and documents were required to be filed) and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”) and the statements contained in or accompanying the Exchange Act Reports in accordance with Sections 302 and 906 of the Xxxxxxxx-Xxxxx Act are true and correct. No enforcement action has been initiated against the Company by the SEC relating to disclosures contained in any of the Exchange Act Reports.

SEC Filings; Financial Statements; Nasdaq Listing. (a) The Annual Report on Form 10-K of the Company for the fiscal year ended February 29, 2004 has been made available to the Purchaser in connection with the offering of the New Securities. All documents of the Company filed with the SEC pursuant to the Exchange Act are referred to herein as the “"Exchange Act Reports”". The Exchange Act Reports, when they were filed with the SEC, complied in all material respects with the requirements of the Exchange Act and the applicable rules and regulations of the SEC thereunder. The Exchange Act Reports did not, as of their respective dates, contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Except as set forth under Section 3.05 (a) of the Disclosure Schedule, the The Company has timely filed all reports and registration statements and made all filings required to be made with the SEC under the Exchange Act, the Securities Act or the applicable rules and regulations of the SEC thereunder, all of which complied when filed in all material respects with all applicable requirements of the Securities Act and and/or the Xxxxxxxx-Xxxxx Act of 2002 (with respect to the provisions of such act required to be complied with at the time such forms, reports and and/or documents were required to be filed) and the rules and regulations promulgated thereunder (the “"Xxxxxxxx-Xxxxx Act”") and the statements contained in or accompanying the Exchange Act Company Annual Report on Form 10-K and Quarterly Reports on Forms 10-Qs in accordance with Sections 302 and 906 of the Xxxxxxxx-Xxxxx Act are true and correct. No enforcement action has been initiated against the Company by the SEC relating to disclosures contained in any of the Exchange Act Reports.

SEC Filings; Financial Statements; Nasdaq Listing. (a) The Annual Report on Form 10-K of the Company for the fiscal year ended February 29, 2004 has been made available to the Purchaser in connection with the offering of the New Securities. All documents of the Company filed with the SEC pursuant to the Exchange Act are referred to herein as the “"Exchange Act Reports”". The Exchange Act Reports, when they were filed with the SEC, complied in all material respects with the requirements of the Exchange Act and the applicable rules and regulations of the SEC thereunder. The Exchange Act Reports did not, as of their respective dates, contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Except as set forth under Section 3.05 (a) of the Disclosure Schedule, the The Company has timely filed all reports and registration statements and made all filings required to be made with the SEC under the Exchange Act, the Securities Act or the applicable rules and regulations of the SEC thereunder, all of which complied when filed in all material respects with all applicable requirements of the Securities Act and and/or the XxxxxxxxSarbanes-Xxxxx Oxley Act of 2002 (with respect to the provisions of such act required suxx xxx xxxxxxxd to be complied with at the time such forms, reports and and/or documents were required to be filed) and the rules and regulations promulgated thereunder (the “Xxxxxxxx"Sarbanes-Xxxxx Oxley Act”") and the statements contained in or accompanying the Exchange Act accompanxxxx xxx Xxxxxny Annual Report on Form 10-K and Quarterly Reports on Forms 10-Qs in accordance with Sections 302 and 906 of the XxxxxxxxSarbanes-Xxxxx Oxley Act are true and correct. No enforcement action has been initiated against the Company by the SEC relating to disclosures contained in any of the Exchange Act Reports.