Common use of SEC Reports and Filings Clause in Contracts

SEC Reports and Filings. The Company has delivered to Purchaser a complete and accurate copy of the Annual Report on Form 10-K for the fiscal year ended September 30, 1999, and the Quarterly Report on Form 10-Q for the quarter ended December 31, 1999 filed by the Company with the Securities and Exchange Commission ("SEC") (the "SEC Documents"). 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of 1934, as amended (the "Exchange Act"), as the case may be, at and as of the times they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended or superseded by a filing prior to the date of this Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a material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, 1997.

SEC Reports and Filings. The Company has delivered to Purchaser Noteholder a complete and accurate copy (excluding copies of the exhibits) of its Annual Report on Form 10-K KSB for the fiscal year ended September 30March 31, 19992002, and the latest Quarterly Report on Form 10-Q for the quarter period ended December 31September 30, 1999 2002 and definitive proxy statement filed by the Company with the Securities and Exchange Commission ("SEC") on September 22, 2002 (the "SEC DocumentsDOCUMENTS"). 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 ActSECURITIES ACT") or the Securities Exchange Act of 1934, as amended (the "Exchange ActEXCHANGE ACT"), as the case may be, at and as of the times they were filed (or, if amended or superseded by a filing prior to the date of this Conversion Agreement, then on the date of such filing) in all material respects and (ii) did not at and as of the time they were filed (or, if amended or superseded by a filing prior to the date of this Conversion Agreement, then on the date of such filing) contain any untrue statement of a material fact or omit to state a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. 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.

SEC Reports and Filings. The Company Borrower has delivered made available to Purchaser the Lender through publicly available sources a complete and accurate copy of the each Annual Report on Form 10-K for the fiscal year ended September 3010- KSB, 1999, and the Quarterly Report on Form 10-Q for the quarter ended December 31QSB, 1999 Form 8-K, definitive proxy statement, registration statement and annual report filed by the Company Borrower with the Securities and Exchange Commission SEC on or after January 1, 1999 ("SEC") (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 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 has made all filings with the SEC required under the Securities Act, the Exchange Act and all regulations promulgated thereunder since January 1, 1997.

SEC Reports and Filings. The Company has delivered to Purchaser a complete and accurate copy (excluding copies of the exhibits) of its Annual Report on Form 10-K for the fiscal year ended September 30March 31, 19992003, and the latest Quarterly Report on Form 10-Q for the quarter period ended December 31, 1999 2004 and definitive proxy statement filed by the Company with the Securities and Exchange Commission ("SEC") on October 23, 2003 (the "SEC DocumentsDOCUMENTS"). 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 ActSECURITIES ACT") or the Securities Exchange Act of 1934, as amended (the "Exchange ActEXCHANGE 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, 1997.

SEC Reports and Filings. The Company Borrower has delivered made available to Purchaser the Lender through publicly available sources a complete and accurate copy of the each Annual Report on Form 10-K for the fiscal year ended September 30KSB, 1999, and the Quarterly Report on Form 10-Q for the quarter ended December 31QSB, 1999 Form 8-K, definitive proxy statement, registration statement and annual report filed by the Company Borrower with the Securities and Exchange Commission SEC on or after January 1, 2000 ("SEC") (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 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 has made all filings with the SEC required under the Securities Act, the Exchange Act and all regulations promulgated thereunder since January 1, 1997.