Common use of SEC Reports and Filings Clause in Contracts

SEC Reports and Filings. The Company has delivered to Purchaser complete and accurate copies of (i) the Annual Report on Form 10-K for the fiscal year ended September 30, 2002, (ii) the amended Annual Report on Form 10-K for the fiscal year ended September 30, 2002, (iii) the Quarterly Report on Form 10-Q for the quarter ended December 31, 2002, and (iv) a copy of the prospectus, as supplemented (the “Prospectus”) used in the current resale offering declared effective February 6, 2003, each as filed by the Company with the Securities and Exchange Commission (“SEC”) (the “SEC Documents”). The Prospectus does not apply to the offer and sale of the Securities, and is provided for information only. The SEC Documents, including the financial statements contained therein, (i) complied with the requirements of the Securities Act of 1933, as amended (the “Securities Act”) or the Securities Exchange Act of 1934, as amended (the “Exchange Act”), as the case may be, at and as of the times they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a material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. The Company has made all filings with the SEC required under the Securities Act, the Exchange Act and all regulations promulgated thereunder since January 1, 2000.

SEC Reports and Filings. The Company Borrower has delivered to Purchaser the Lender ----------------------- (or made available to the Lender through publicly available sources) a complete and accurate copies copy of (i) the each Annual Report on Form 10-K for the fiscal year ended September 30K, 2002, (ii) the amended Annual Report on Form 10-K for the fiscal year ended September 30, 2002, (iii) the Quarterly Report on Form 10-Q for the quarter ended December 31Q, 2002Form 8-K, definitive proxy statement, registration statement and (iv) a copy of the prospectus, as supplemented (the “Prospectus”) used in the current resale offering declared effective February 6, 2003, each as annual report filed by the Company Borrower with the Securities and Exchange Commission SEC on or after January 1, 1998 (“SEC”) (collectively, the “"SEC Documents”"). The Prospectus does not apply , and all amendments and supplements to the offer and sale each of the Securities, and is provided for information onlyforegoing. The SEC Documents, including the financial statements contained therein, (i) complied with the requirements of the Securities Act of 1933, as amended (the “Securities Act”) or the Securities Exchange Act of 1934, as amended (the “Exchange Act”), as the case may be, at and as of the times they were filed (or, if amended amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or 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. The Company Borrower has made all filings with the SEC since January 1, 1998 required under the Securities Act, the Exchange Act and all regulations promulgated thereunder since January 1, 2000thereunder.

SEC Reports and Filings. The Company has delivered to Purchaser complete and accurate copies of (i) the Annual Report on Form 10-K for the fiscal year ended September 30, 20022001, (ii) the amended Annual Report on Form 10-K for the fiscal year ended September 30, 2002, (iii) the Quarterly Report on Form 10-Q for the quarter ended December 31, 20022001, and (iviii) a copy of the prospectusCurrent Report on Form 8-K dated April 23, as supplemented (the “Prospectus”) used in the current resale offering declared effective February 6, 20032002, each as filed by the Company with the Securities and Exchange Commission (“"SEC”") (the “"SEC Documents”"). The Prospectus does not apply to the offer and sale of the Securities, and is provided for information only. The SEC Documents, including the financial statements contained therein, (i) complied with the requirements of the Securities Act of 1933, as amended (the “"Securities Act”") or the Securities Exchange Act of 1934, as amended (the “"Exchange Act”"), as the case may be, at and as of the times they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or 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. The Company has made all filings with the SEC required under the Securities Act, the Exchange Act and all regulations promulgated thereunder since January 1, 20001997.

SEC Reports and Filings. The Company Borrower has delivered to Purchaser the Lender (or made available to the Lender through publicly available sources) a complete and accurate copies copy of (i) the each Annual Report on Form 10-K for the fiscal year ended September 30K, 2002, (ii) the amended Annual Report on Form 10-K for the fiscal year ended September 30, 2002, (iii) the Quarterly Report on Form 10-Q for the quarter ended December 31Q, 2002Form 8-K, definitive proxy statement, registration statement and (iv) a copy of the prospectus, as supplemented (the “Prospectus”) used in the current resale offering declared effective February 6, 2003, each as annual report filed by the Company Borrower with the Securities and Exchange Commission SEC on or after January 1, 1998 (“SEC”) (collectively, the “"SEC Documents”"). The Prospectus does not apply , and all amendments and supplements to the offer and sale each of the Securities, and is provided for information onlyforegoing. The SEC Documents, including the financial statements contained therein, (i) complied with the requirements of the Securities Act of 1933, as amended (the “Securities Act”) or the Securities Exchange Act of 1934, as amended (the “Exchange Act”), as the case may be, at and as of the times they were filed (or, if amended amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or 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. The Company Borrower has made all filings with the SEC since January 1, 1998 required under the Securities Act, the Exchange Act and all regulations promulgated thereunder since January 1, 2000thereunder.

SEC Reports and Filings. The Company has delivered to Purchaser a complete and accurate copy (excluding copies of (iexhibits) the of each Annual Report on Form 10-K for the fiscal year ended September 30KSB, 2002, (ii) the amended Annual Report on Form 10-K for the fiscal year ended September 30, 2002, (iii) the Quarterly Report on Form 10-Q for the quarter ended December 31QSB, 2002Form 8-K, definitive proxy statement and (iv) a copy of the prospectus, as supplemented (the “Prospectus”) used in the current resale offering declared effective February 6, 2003, each as annual report filed by the Company with the Securities and Exchange Commission (“"SEC”") on or after January 1, 1997 (the “"SEC Documents”"). The Prospectus does not apply to the offer and sale of the Securities, and is provided for information only. The SEC Documents, including the financial statements contained therein, (i) complied with the requirements of the Securities Act of 1933, as amended (the “"Securities Act”") or the Securities Exchange Act of 1934, as amended (the “"Exchange Act”"), as the case may be, at and as of the times they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or 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. The Company has made all filings with the SEC required under the Securities Act, the Exchange Act and all regulations promulgated thereunder since January 1, 20001997.