Common use of Information to the Representatives Clause in Contracts

Information to the Representatives. Until the earlier of the third (3rd) anniversary of the Effective Date or such date as of which the Warrants and the Unit Purchase Option have been exercised or have expired, the Company will, at its cost and expense, furnish or cause to be furnished to you and your counsel, with reasonable promptness, copies of (i) annual audited balance sheets and audited statements of operations and changes in cash flows of the Company, and quarterly balance sheets and statements of income of the Company (which need not be audited), (ii) all reports, if any, to its stockholders, (iii) all reports filed by the Company with the Commission, and any securities exchange or the National Association of Securities Dealers, Inc. ("NASD") and (iv) such other material documents and information with respect to the Company and its affairs as you may from time to time reasonably request and which the Company can produce at reasonable cost; provided, however, that the Company shall not be required to produce such information or documents if the Company has received the opinion of its counsel that providing such information to the Representatives is reasonably likely to create liability under applicable Federal and state securities laws. Upon request, the Company shall also provide the Representatives with current lists of its stockholders. In addition to the foregoing, during the six months following the Effective Date, the Company shall, at its cost and expense, furnish or cause to be furnished to the Representatives, (x) daily issuer transfer sheets by Depository Trust Company ("DTC"), which shall be transmitted to the Representatives by fax daily, and (y) weekly transfer sheets provided by the Company's transfer agent, which shall be provided to the Representatives at the end of each week. For the three years subsequent to such six month period, upon request of the Representatives, the Company shall furnish or cause to be furnished to the Representatives with copies of the Company's monthly DTC transfer sheets and transfer sheets from the Company's transfer agent.