Common use of Information Provided Clause in Contracts

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 1996, (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, June 30 and September 30, 1997, (3) Current Report on Form 8-K dated December 9, 1997, and (4) Amendment No. 1 to the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 19961997 (the "1997 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1998 (as amended on Form 10-QSB/A), June 30 30, 1998 and September 30, 19971998, (3) definitive proxy statement for the Company's 1998 Annual Meeting of Shareholders held on March 12, 1998 and (4) Current Report Reports on Form 8-K dated and 8-K/A filed June 11, 1998, July 14, 1998, August 19, 1998, August 24, 1998 and December 97, 19971998, and (4) Amendment No. 1 to the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31January 2, 19961999, as amended by Amendment No. 1 thereto on Form 10-KSB/A (the "1998 10-K"), (2) Quarterly Reports on Form 10-Q QSB for the fiscal quarters ended March 31April 3, June 30 1999 and September 30July 3, 19971999, (3) Current Report Reports on Form 8-K K, dated December 928, 19971998 and January 8, 1999 and (4) Amendment No. 1 to definitive proxy statement for the Company's Registration Statement 1999 Annual Meeting of Shareholders held on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") May 12, 1999, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31January 2, 19961999 (as amended by Amendment No. 1 thereto on Form 10-KSB/A) (the "1998 10-K"), (2) Quarterly Reports on Form 10-Q QSB for the fiscal quarters ended March 31April 3, June 30 1999, July 3, 1999 and September 30October 2, 19971999 (as amended by Amendment No. 1 thereto on Form 10-QSB/A), (3) Current Report Reports on Form 8-K K, dated December 928, 19971998, January 8, 1999 and September 17, 1999 and (4) Amendment No. 1 to definitive proxy statement for the Company's Registration Statement 1999 Annual Meeting of Shareholders held on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") May 12, 1999, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 19961999 (the "1999 10-K"), (2) Quarterly Reports Report on Form 10-Q for the fiscal quarters quarter ended March 31, June 30 and September 30, 19971999, and (3) Current Report on Form 8-K dated December 9, 1997, and (4) Amendment No. 1 to definitive proxy statement for the Company's Registration Statement 1999 Annual Meeting of Shareholders to be held on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") December 10, 1999, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Initial Preferred Shares and the issuance of the Warrant and the offer of the Common Shares and the Additional Preferred Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received complete and satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 19961996 (the "1996 10-K"), (2) Quarterly Reports Report on Form 10-Q 10QSB for the fiscal quarters quarter ended March 31, June 30 and September 30, 19971997 (the "March 31 10-Q), (3) Current Report on Form 8-K dated December 9March 18, 1997, 1997 and (4) Amendment No. 1 to proxy statement for the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") 1996 Annual Meeting, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); ) and a draft of the Buyer has had Quarterly Report on Form 1O-QSB for the opportunity to obtain and to review the Prospectusfiscal quarter ended June 30, dated April 151997, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31, 19961996 (the "1996 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1997, June 30 30, 1997 and September 30, 1997, (3) definitive proxy statement for the Company's 1997 Annual Meeting of Shareholders and (4) Current Report Reports on Form 8-K dated December 9October 16, 1997, and October 28, 1997 (4) as amended by Amendment No. 1 to the Company's Registration Statement thereto on Form S-3 (Registration No. 3338-42129K/A) (the "Company Registration Statement") and November 3, 1997, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Initial Preferred Shares and the issuance of the Warrant and the offer of the Common Shares and the Additional Preferred Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received complete and satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB for the fiscal year ended December 31, 19961996 (the "1996 10-K"), (2) Quarterly Reports Report on Form 10-Q QSB for the fiscal quarters quarter ended March 31, June 30 and September 30, 19971997 (the "March 31 10-Q), (3) Current Report on Form 8-K dated December 9March 18, 1997, 1997 and (4) Amendment No. 1 to proxy statement for the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") 1996 Annual Meeting, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); ) and a draft of the Buyer has had Quarterly Report on Form 10-QSB for the opportunity to obtain and to review the Prospectusfiscal quarter ended June 30, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus")1997; and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Preferred Shares and the issuance of the Warrants and the BuyItNow Warrants and the offer of the Common Shares and the BuyItNow Interests which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December March 31, 19961999 (the "1999 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31June 30, June 30 and 1999, September 30, 19971999 and December 31, 1999, (3) Current Report Reports on Form 8-K dated December filed September 9, 19971999 and October 1, 1999, and (4) Amendment No. 1 to definitive proxy statement for the Company's Registration Statement Annual Meeting of Stockholders held on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") January 20, 2000, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31February 28, 19961998 (the "1998 10-K"), (2) Quarterly Reports Report on Form 10-Q for the fiscal quarters quarter ended March May 31, June 30 1998, and September 30, 1997, (3) Current Report on Form 8-K dated December 9, 1997, and (4) Amendment No. 1 to definitive proxy statement for the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") 1998 Annual Meeting of Shareholders, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Common Shares and the issuance of the Warrants and the offer of the Warrant Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31, 19961998 (the "1998 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, 1999, June 30 30, 1999 and September 30, 19971999, (3) definitive proxy statement for the Company's 1999 Annual Meeting of Shareholders held on June 24, 1999 and (4) Current Report Reports on Form 8-K dated filed June 28, July 1, July 8, July 19, August 26, August 30, September 14, September 15, 1999 and December 96, 1997, 1999 and (4) Amendment No. 1 to the Company's Registration Statement on Form S-3 (Registration No. 3338-42129) (the "Company Registration Statement") K/A filed April 19, July 1, July 12 and November 15, 1999, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Note and the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 19961997, as amended by Amendment No. 1 thereto on Form 10-K/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1997 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, June 30 and September 30, 1997, December 31, 1997 and March 31, 1998, (3) definitive proxy statement for the Company's 1997 Annual Meeting of Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on June 30, 1998, and (5) Current Report Reports on Form 8-K dated December 9July 10, 1997, July 23, 1997 and (4) Amendment No. 1 to the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") March 10, 1998, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Note and the Preferred Shares and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 19961997, as amended by Amendment No. 1 thereto on Form 10-K/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1997 10-K"), (2) Quarterly Reports on Form 10-10- Q for the fiscal quarters ended March 31, June 30 and September 30, 1997, December 31, 1997 and March 31, 1998, (3) definitive proxy statement for the Company's 1997 Annual Meeting of Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on June 30, 1998, and (5) Current Report Reports on Form 8-K dated December 9July 10, 1997, July 23, 1997 and (4) Amendment No. 1 to the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") March 10, 1998, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve Securities involves a high degree of risk;

Information Provided. The Buyer and its advisors, if any, have been furnished with all materials relating to the business, finances and operations of the Company and materials relating to the Price Guarantee Rights offer and sale of the Note and the issuance of the Warrants and the offer of the Common Shares which have been requested by the Buyer; the Buyer and its advisors, if any, have been afforded the opportunity to ask questions of the Company and have received satisfactory answers to any such inquiries. Without ; without limiting the generality of the foregoing, the Buyer has had the opportunity to obtain and to review the Company's (1) Annual Report on Form 10-KSB K for the fiscal year ended December 31June 30, 19961997, as amended by Amendment No. 1 thereto on Form 10-K/A filed with the SEC on September 30, 1997, Amendment No. 2 thereto on Form 10-K/A filed with the SEC on October 28, 1997, Amendment No. 3 thereto filed with the SEC on January 20, 1998, and Amendment No. 4 thereto on Form 10-K/A filed with the SEC on January 30, 1998 (the "1997 10-K"), (2) Quarterly Reports on Form 10-Q for the fiscal quarters ended March 31, June 30 and September 30, 1997, December 31, 1997 and March 31, 1998, (3) definitive proxy statement for the Company's 1997 Annual Meeting of Shareholders, (4) definitive proxy statement for a Special Meeting of stockholders of the Company held on June 30, 1998, and (5) Current Report Reports on Form 8-K dated December 9July 10, 1997, July 23, 1997 and (4) Amendment No. 1 to the Company's Registration Statement on Form S-3 (Registration No. 333-42129) (the "Company Registration Statement") March 10, 1998, in each case as filed with the SEC on December 18, 1997 (collectively, the "SEC Reports"); the Buyer has had the opportunity to obtain and to review the Prospectus, dated April 15, 1997 as supplemented to the date of this Agreement, of Nexar relating to the Nexar Shares (the "Nexar Prospectus"); and the Buyer understands that the Price Guarantee Rights and its investment in the Nexar Shares involve Securities involves a high degree of risk;