Common use of SEC Reports and Filings Clause in Contracts

SEC Reports and Filings. The Borrower has delivered to the Lender (or made available to the Lender through publicly available sources) a complete and accurate copy of each Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Form 8-K, definitive proxy statement, registration statement and annual report filed by the Borrower with the SEC on or after January 1, 1998 (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Act or the Exchange Act, as the case may be, at and as of the times they were filed (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended, supplemented or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a material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. The 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.

SEC Reports and Filings. The Borrower Company has delivered to the Lender (or made available to the Lender through publicly available sources) a Purchaser complete and accurate copy copies of each (i) the Annual Report on Form 10-KK 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-QQ for the quarter ended December 31, Form 8-K2002, definitive proxy statementand (iv) a copy of the prospectus, registration statement and annual report as supplemented (the “Prospectus”) used in the current resale offering declared effective February 6, 2003, each as filed by the Borrower Company with the SEC on or after January 1, 1998 Securities and Exchange Commission (collectively, “SEC”) (the "“SEC Documents"”). The Prospectus does not apply to the offer and sale of the Securities, and all amendments and supplements to each of the foregoingis 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, 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 Borrower Company has made all filings with the SEC since January 1, 1998 required under the Securities Act, the Exchange Act and all regulations promulgated thereunderthereunder since January 1, 2000.

SEC Reports and Filings. The Borrower has delivered to the Lender ----------------------- (or made available to the Lender through publicly available sources) a complete and accurate copy of each Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Form 8-K, definitive proxy statement, registration statement and annual report filed by the Borrower with the SEC on or after January 1, 1998 (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. The 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.

SEC Reports and Filings. The Borrower Company has delivered to the Lender (or made available to the Lender through publicly available sources) a Purchaser complete and accurate copy copies of each (i) the Annual Report on Form 10-KK for the fiscal year ended September 30, 2001, (ii) the Quarterly Report on Form 10-QQ for the quarter ended December 31, 2001, and (iii) the Current Report on Form 8-KK dated April 23, definitive proxy statement2002, registration statement and annual report each as filed by the Borrower Company with the SEC on or after January 1, 1998 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 Borrower Company has made all filings with the SEC since January 1, 1998 required under the Securities Act, the Exchange Act and all regulations promulgated thereunderthereunder since January 1, 1997.