Securities Documents and Regulatory Reports. (a) Peoples has previously delivered or made available to Market 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 1933 Act or the 1934 Act or mailed by Peoples to its stockholders as a class since September 30, 1999, 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) Peoples and Peoples Bank have duly filed with the OTS and the FDIC in correct form the monthly, quarterly and annual reports required to be filed under applicable laws and regulations, and Peoples has delivered or made available to Market accurate and complete copies of such reports. Peoples Disclosure Schedule 3.08(b) lists all examinations of Peoples or of Peoples Bank conducted by the applicable thrift regulatory authorities since January 1, 2000 and the dates of any responses thereto submitted by Peoples. In connection with the most recent examinations of Peoples or Peoples Bank by the applicable thrift regulatory authorities, neither Peoples nor Peoples Bank was required to correct or change any action, procedure or proceeding which Peoples or Peoples Bank believes has not been now corrected or changed as required.
Appears in 3 contracts
Sources: Merger Agreement (Market Financial Corp), Merger Agreement (Peoples Community Bancorp Inc /De/), Merger Agreement (Pboc Holdings Inc)