SEC Reports; Disclosure. The Company has filed all required forms, reports and documents with the Securities and Exchange Commission (the “SEC”) since December 31, 2010, each of which has complied in all material respects with all applicable requirements of the Securities Act and the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations promulgated thereunder, each as in effect on the date such forms, reports and documents were filed. Each Investor has had the opportunity through the SEC’s web site to review the following reports in the form filed by the Company with the SEC (including any amendments thereto): (i) Annual Report on Form 10-K for the year ended December 31, 2010; (ii) Quarterly Reports on Form 10-Q for the quarterly periods ended March 31, 2011 and June 30, 2011; (iii) Current Reports on Form 8-K dated December 31, 2010, January 24, 2011, January 28, 2011, March 7, 2011, March 29, 2011, March 31, 2011, May 26, 2011, July 14, 2011, August 11, 2011, September 21, 2011, and October 24, 2011, and (iv) all definitive proxy statements relating to the Company’s meeting of shareholders (whether annual or special) held since December 31, 2010 (collectively, the “SEC Reports”). None of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. EXHIBIT 10.62
SEC Reports; Disclosure. (a) The Parent has filed all required forms, reports and documents with the Securities and Exchange Commission (the “SEC”) since June 22, 2007, each of which has complied in all material respects with all applicable requirements of the Securities Act and the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations promulgated thereunder, each as in effect on the date such forms, reports and documents were filed. The Parent has made available to the Purchasers, in the form filed with the SEC (including any amendments thereto) its (i) Annual Report on Form 10-K for the year ended Xxxxx 00, 0000, (xx) Current Report on Form 8-K dated June 5, 2008, (iii) Current Report on Form 8-K dated August 12, 2008, (iv) Current Report on Form 8-K dated August 14, 2008, (v) Current Report on Form 8-K dated September 4, 2008, (vi) Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2008 and (vii) all definitive proxy statements relating to the Parent’s meeting of shareholders (whether annual or special) held since June 22, 2007 (collectively, the “SEC Reports”).
SEC Reports; Disclosure. (a) The Parent has made available to the Bridge Note Purchasers, in the form filed with the SEC (including any amendments thereto) its Annual Report on Form 10-K for the year ended March 31, 2010 and its Quarterly Report on Form 10-Q for the quarter ended June 30, 2010 (collectively, the “SEC Reports”).
SEC Reports; Disclosure. Purchaser has provided to Seller a copy of the SEC Reports.
SEC Reports; Disclosure. Purchaser has provided to the Sellers and the Shareholder a copy of each of the SEC Reports. The SEC Reports, including all financial statements or schedules included in them, (i) complied in all material respects with the requirements of the 1933 Act or the 1934 Act, as the case may be on the date of filing thereof, and (ii) did not at the time of filing thereof (or if amended, supplemented or superceded by a later filing, on the date of the later filing) contain any untrue statement of material fact or omit to state a material fact required to be stated therein in order to make the statements therein, in light of the circumstances under which they were made, not misleading.
SEC Reports; Disclosure. The Company has filed all required forms, reports and documents required to be filed by the Company with the Securities and Exchange Commission (the “SEC”) since December 31, 2015, each of which has complied in all material respects with all applicable requirements of the Securities Act and the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations promulgated thereunder, each as in effect on the date such forms, reports and documents were filed. The Company has made available to each Purchaser, in the form filed with the SEC (including any amendments thereto) its (i) Annual Report on Form 10-K for the year ended December 31, 2015; (ii) Quarterly Reports on Form 10-Q for the quarterly periods ended March 31, 2016 and June 30, 2016; (iii) Current Reports on Form 8-K dated January 6 and 25, 2016 and May 19, 2016 and (iv) all definitive proxy statements relating to the Company’s meeting of shareholders (whether annual or special) held since December 31, 2015 (collectively, the “SEC Reports”). None of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading.
SEC Reports; Disclosure. (a) The Company has filed all required forms, reports and documents with the Securities and Exchange Commission (the "SEC") since April 1, 2001, each of which has complied in all material respects with all applicable requirements of the Securities and the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the rules and regulations promulgated thereunder, each as in effect on the date such forms, reports and documents were filed. The Company has heretofore delivered to the Additional Purchasers, in the form filed with the SEC (including any amendments thereto) (i) its Annual Report on Form 10-K for the years ended March 31, 2004, 2003 and 2002, (ii) all definitive proxy statements relating to the Company's meeting of shareholders (whether annual or special) held since April 1, 2004 and (iii) all other reports or registration statements filed by the Company with the SEC since April 1, 2004 (the items in clauses (i), (ii) and (iii) collectively, the "SEC Reports").
SEC Reports; Disclosure. (a) Company has filed all required forms, reports and documents with the SEC since July 1, 2010, each of which has complied in all material respects with all applicable requirements of the Securities Act and the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations promulgated thereunder, each as in effect on the date such forms, reports and documents were filed. Company has heretofore made available to Contributor (which are accessible via the SEC’s website), in the form filed with the SEC (including any amendments thereto) (i) its Annual Report on Form 10-K for the years ended June 30, 2011 and 2010, (ii) all definitive proxy statements relating to Company’s meeting of shareholders (whether annual or special) held since July 1, 2010 and (iii) all other reports or registration statements filed by Company with the SEC since July 1, 2010, including Company’s quarterly report on Form 10-Q for the quarter ended December 31, 2011 (the items in clauses (i), (ii) and (iii) collectively, the “SEC Reports”).
SEC Reports; Disclosure. The Corporation has filed all reports, schedules, forms, statements and other documents required to be filed by it under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), including pursuant to Section 13(a) or 15(d) thereof, for the 12 months preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “SEC Reports”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension, except where the failure to file on a timely basis would not have or reasonably be expected to result in a material adverse effect. As of their respective filing dates, or to the extent corrected by a subsequent amendment, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act and the rules and regulations of the SEC promulgated thereunder, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted 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 Final Prospectus Supplement, (A) at the time of filing of the Final Prospectus Supplement pursuant to Rule 424(b) and (B) on the date of Closing, will conform in all material respects to the requirements of the Securities Act and the rules and regulations thereunder and will not include any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading. For purposes of this Agreement, “Final Prospectus Supplement” means the prospectus supplement of the Corporation filed pursuant to Rule 424 under the Securities Act that discloses the public offering price, other information included pursuant to Rule 430A and other final terms of the Offering.
SEC Reports; Disclosure. Buyer has filed with the Securities and Exchange Commission ("SEC") all forms, proxy statements, reports and other documents required to be filed by it prior to the date hereof under each of the Securities Act of 1933, as amended ("1933 Act") and the Securities Exchange Act of 1934, as amended ("1934 Act") and the respective rules and regulations thereunder, (a) all of which, as amended, if applicable, complied when filed in all material respects with all applicable requirements of the appropriate law and rules and regulations thereunder, and (b) none of which, as amended, if applicable, contains any untrue statement of material fact or omits to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made and at the time they were made, not misleading.
