Common use of Securities Documents and Regulatory Reports Clause in Contracts

Securities Documents and Regulatory Reports. (a) Market has previously delivered or made available to Peoples a complete copy of each final registration statement, prospectus, annual, quarterly or current report and definitive proxy statement or other communication (other than general advertising materials) filed pursuant to the Securities Act of 1933, as amended ("1933 Act"), or the Securities Exchange Act of 1934, as amended ("1934 Act"), or mailed by Market to its stockholders as a class since January 1, 1997, and each such final registration statement, prospectus, annual, quarterly or current report and definitive proxy statement or other communication, as of its date, complied in all material respects with all applicable statutes, rules and regulations and did not contain any untrue statement of a material fact or omit to state any 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, not misleading; provided that information as of a later date shall be deemed to modify information as of an earlier date. (b) Market and Market Bank have duly filed with the Superintendent, the OTS and the FDIC in correct form the monthly, quarterly and annual reports required to be filed under applicable laws and regulations, and Market has delivered or made available to Peoples accurate and complete copies of such reports. Market Disclosure Schedule 2.09(b) lists all examinations of Market or Market Bank conducted by the applicable thrift regulatory authorities since January 1, 1997 and the dates of any responses thereto submitted by Market. In connection with the most recent examinations of Market or Market Bank by the applicable thrift regulatory authorities, neither Market nor Market Bank was required to correct or change any action, procedure or proceeding which Market or Market Bank believes has not been now corrected or changed as required.