SEC Reports and Filings. The Borrower has made available to the Lender through publicly available sources a complete and accurate copy of each Annual Report on Form 10- KSB, Quarterly Report on Form 10-QSB, Form 8-K, definitive proxy statement, registration statement and annual report filed by the Borrower with the SEC on or after January 1, 1999 (collectively, the "SEC Documents"), and all amendments and supplements to each of the foregoing. The SEC Documents, including the financial statements contained therein, (i) complied with the requirements of the Securities Act or the Exchange Act, as the case may be, at and as of the times they were filed (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a material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.
Appears in 1 contract
Samples: Loan Agreement (Visual Data Corp)
SEC Reports and Filings. The Borrower Company has made available delivered to the Lender through publicly available sources Purchaser a complete and accurate copy of each the Annual Report on Form 10- KSB10-K for the fiscal year ended September 30, 1999, and the Quarterly Report on Form 10-QSBQ for the quarter ended December 31, Form 8-K, definitive proxy statement, registration statement and annual report 1999 filed by the Borrower Company with the SEC on or after January 1, 1999 Securities and Exchange Commission (collectively, "SEC") (the "SEC Documents"), and all amendments and supplements to each of the foregoing. 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"Exchange Act"), as the case may be, at and as of the times they were filed (or, if amended, supplemented amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended, supplemented amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a material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, 1997.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (American Technology Corp /De/)
SEC Reports and Filings. The Borrower has made available to the Lender through publicly available sources a complete and accurate copy of each Annual Report on Form 10- 10-KSB, Quarterly Report on Form 10-QSB, Form 8-K, definitive proxy statement, registration statement and annual report filed by the Borrower with the SEC on or after January 1, 1999 2000 (collectively, the "SEC Documents"), and all amendments and supplements to each of the foregoing. The SEC Documents, including the financial statements contained therein, (i) complied with the requirements of the Securities Act or the Exchange Act, as the case may be, at and as of the times they were filed (or, if 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, 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.
Appears in 1 contract
Samples: Loan Agreement (Visual Data Corp)
SEC Reports and Filings. The Borrower Company has made available delivered to the Lender through publicly available sources Purchaser a complete and accurate copy (excluding copies of exhibits) of each Annual Report on Form 10- 10-KSB, Quarterly Report on Form 10-QSB, Form 8-K, definitive proxy statement, registration statement and annual report filed by the Borrower Company with the SEC Securities and Exchange Commission ("SEC") on or after January 1, 1999 1997 (collectively, the "SEC Documents"), and all amendments and supplements to each of the foregoing. 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, supplemented 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, supplemented 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, 1997.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (American Technology Corp /De/)
SEC Reports and Filings. The Borrower Company has made available delivered to the Lender through publicly available sources Purchaser a complete and accurate copy (excluding copies of each exhibits) of its Annual Report on Form 10- KSB10-K for the fiscal year ended March 31, 2003, the latest Quarterly Report on Form 10-QSBQ for the period ended December 31, Form 8-K, 2004 and definitive proxy statement, registration statement and annual report filed by the Borrower with the SEC Company on or after January 1October 23, 1999 2003 (collectively, the "SEC DocumentsDOCUMENTS"), and all amendments and supplements to each of the foregoing. The SEC Documents, including the financial statements contained therein, Documents (i) complied with the requirements of the Securities Act of 1933, as amended (the "SECURITIES ACT") or the Securities Exchange ActAct of 1934, as amended (the "EXCHANGE ACT"), as the case may be, at and as of the times they were filed (or, if amended, supplemented 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, supplemented 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.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (E Digital Corp)
SEC Reports and Filings. The Borrower Company has made available delivered to the Lender through publicly available sources Noteholder a complete and accurate copy (excluding copies of each exhibits) of its Annual Report on Form 10- KSB10-KSB for the fiscal year ended March 31, 2002, the latest Quarterly Report on Form 10-QSBQ for the period ended September 30, Form 8-K, 2002 and definitive proxy statement, registration statement and annual report filed by the Borrower with the SEC Company on or after January 1September 22, 1999 2002 (collectively, the "SEC DocumentsDOCUMENTS"), and all amendments and supplements to each of the foregoing. The SEC Documents, including the financial statements contained therein, Documents (i) complied with the requirements of the Securities Act of 1933, as amended (the "SECURITIES ACT") or the Securities Exchange ActAct of 1934, as amended (the "EXCHANGE ACT"), as the case may be, at and as of the times they were filed (or, if amended, supplemented amended or superseded by a filing prior to the date of this Conversion 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, supplemented amended or superseded by a filing prior to the date of this Conversion 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.
Appears in 1 contract
Samples: E Digital Corp