For purposes of this paragraph, ???material??? shall have the meaning of such term as defined under the 1933 Act, the 1934 Act and the rules promulgated thereunder. (b) Since December 31, 2003, Buyer has filed all forms, reports and documents with NASDAQ required to be filed by it pursuant to the requirements of NASDAQ (the ???NASDAQ Reports???), each of which complied as to form, at the time such