Common use of Basic Financial Information and Reporting Clause in Contracts

Basic Financial Information and Reporting. (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted therein), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (b) So long as an Investor (with its Affiliates) shall own at least five hundred thousand (500,000) shares of Registrable Securities (subject to adjustment for stock splits, combinations, recapitalizations and the like) (a “Major Investor”), the Company will furnish each such Major Investor: (i) as soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty (120) calendar days thereafter, a balance sheet of the Company, as at the end of such fiscal year, and a statement of income and a statement of cash flows of the Company, for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof) and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Board of Directors; (ii) as soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company, and in any event within forty-five (45) calendar days thereafter, a balance sheet of the Company as of the end of each such quarterly period, and a statement of income and a statement of cash flows of the Company for such period and for the current fiscal year to date, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; (iii) to the extent requested by a Major Investor, (i) as soon as practicable after the end of each month, and in any event within twenty (20) calendar days thereafter, a balance sheet of the Company as of the end of each such month, and a statement of income and a statement of cash flows of the Company for such month and for the current fiscal year to date, including a comparison to plan figures for such period, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted thereon), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a capitalization table of the Company in a form reasonably acceptable to such Major Investor; and (iv) as soon as practicable, but in any event at least thirty (30) calendar days following approval by the Board of Directors, an annual budget and operating plans for the relevant fiscal year, prepared on a monthly basis, and, as soon as prepared, any other budgets or revised budgets prepared by the Company.

Appears in 1 contract

Sources: Investor Rights Agreement (Immune Design Corp.)

Basic Financial Information and Reporting. (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted thereintherein or as disclosed to the recipients thereof), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (b) So long as an Investor (with its Affiliates) shall own at least five hundred thousand (500,000) shares of Registrable Securities (subject to adjustment for stock splits, combinations, recapitalizations and the like) (a “Major Investor”), the Company will furnish each such Major Investor: (i) as As soon as practicable after the end of each fiscal year of the Company, and but in any no event within one hundred twenty later than ninety (12090) calendar days thereafterafter the end of each fiscal year, the Company will furnish to each Major Investor (as defined below) a balance sheet of the Company, as at the end of such fiscal year, and a statement of income and a statement of cash flows of the Company, for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof) and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Company’s Board of Directors;. (iic) The Company will furnish each Major Investor (as defined below), as soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company, and in any event within forty-five (45) calendar days thereafter, a an unaudited balance sheet of the Company as of the end of each such quarterly period, and a an unaudited statement of income and a statement of cash flows of the Company for such period and for the current fiscal year to date, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made;. (d) So long as an Investor (with its affiliates) shall own not less than 1,400,000 shares of Registrable Securities (or (i) in the case of SofTech VC III, L.P., not less than 800,000 shares of Registrable Securities or (ii) in the case of Union Grove Partners Direct Venture Fund, LP, not less than 700,000 shares of Registrable Securities) (each as adjusted for stock splits and combinations or (iii) to in the extent requested by case of GGV (as defined below), not less than 1,200,000 shares of Registrable Securities) (each a “Major Investor”), the Company will furnish each such Major Investor, (i) as soon as practicable after the end of each month, and in any event within twenty (20) calendar days thereafter, a balance sheet of the Company as of the end of each such month, and a statement of income and a statement of cash flows of the Company for such month and for the current fiscal year to date, including a comparison to plan figures for such period, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted thereon), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a capitalization table of the Company in a form reasonably acceptable to such Major Investor; and (iv) as soon as practicable, but in any event at least thirty (30) calendar days following approval by prior to the Board beginning of Directorseach fiscal year, an annual budget and operating plans for the relevant such fiscal year, prepared on a monthly basis, and, year (and as soon as preparedavailable, any other budgets or revised budgets prepared by the Companysubsequent written revisions thereto). (e) The Company will furnish each such Major Investor, upon request, a current, detailed capitalization table.

Appears in 1 contract

Sources: Investor Rights Agreement (Poshmark, Inc.)

Basic Financial Information and Reporting. (aA) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted therein)applied, and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (bB) So long as an Investor (with its Affiliates) shall own at least five hundred thousand (500,000) shares of Registrable Securities (subject to adjustment for stock splits, combinations, recapitalizations and the like) (a “Major Investor”), the Company will furnish each such Major Investor: (i) as As soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty (120) calendar 90 days thereafterthereafter or, after the Initial Offering, simultaneously with the filing of the Company's annual report on Form 10-K with the SEC, the Company will furnish each Holder a consolidated balance sheet of the Company, as at the end of such fiscal year, and a consolidated statement of income and a consolidated statement of cash flows of the Company, Company for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof) and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Company's Board of Directors;. (iiC) as As soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year quarter of the Company, and in any event within fortythirty days thereafter or, after the Initial Offering, simultaneously with the filing of the Company's reports on Form 10-five (45) calendar days thereafterQ with the SEC, the Company will furnish each Holder a consolidated balance sheet of the Company Company, as of at the end of each such quarterly periodfiscal quarter, and a consolidated statement of income and a consolidated statement of cash flows of the Company for such period and for the current fiscal year to datequarter, prepared and presented in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof), a manner consistent with the exception financial statements described in Section 3.1(b). Such statement shall be accompanied by a certificate signed by the Chairman of the Board and Chief Financial Officer of the Company stating that no notes need be attached to the preparation and presentation of such statements and year-end audit adjustments may not have been made;is consistent with the financial statements described in Section 3.1(b). (iiiD) to So long as a Holder (with its Affiliates) shall own not less than one hundred thousand (100,000) shares of Registrable Securities, the extent requested by Company will furnish such Holder a Major Investorconsolidated balance sheet of the Company, (i) as at the end of each calendar month, and a consolidated statement of income and a consolidated statement of cash flows of the Company for such month, prepared and presented in a manner consistent with the financial statements described in Section 3.1(b). Such statements shall be furnished as soon as practicable after the end of each month, month and in any event within twenty (20) calendar ten days thereafter, thereafter and shall be accompanied by a balance sheet certificate signed by the Chairman of the Board and Chief Financial Officer of the Company as stating that the preparation and presentation of such statements is consistent with the end financial statements described in Section 3.1(b). Prior to January 1st of each year, the Company shall furnish such month, and a statement of income and a statement of cash flows of Holders an annual budget for the Company for such the following twelve month and for the current fiscal year to date, including a comparison to plan figures for such period, prepared in accordance with generally accepted accounting principles in broken down by month. The Company's obligations under this Section 3.1(d) shall terminate upon the United States consistently applied (except as noted thereon), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a capitalization table of the Company in a form reasonably acceptable to such Major Investor; and (iv) as soon as practicable, but in any event at least thirty (30) calendar days following approval by the Board of Directors, an annual budget and operating plans for the relevant fiscal year, prepared on a monthly basis, and, as soon as prepared, any other budgets or revised budgets prepared by the CompanyInitial Offering.

Appears in 1 contract

Sources: Series C Preferred Stock Purchase Agreement (Air South Airlines Inc)

Basic Financial Information and Reporting. (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted therein), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (b) So long as To the extent requested by an Investor (with its Affiliates) shall own at least five hundred thousand (500,000) shares of Registrable Securities (subject to adjustment for stock splitsInvestor, combinations, recapitalizations and the like) (a “Major Investor”), the Company will furnish each such Major Investor: (i) as soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty (120) calendar days thereafter, the Company will furnish such Investor a balance sheet of the Company, as at the end of such fiscal year, and a statement of income and a statement of cash flows of the Company, for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereoftherein) and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Company’s Board of Directors;. (iic) To the extent requested by an investor, the Company will furnish such Investor, as soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company, and in any event within forty-five (45) calendar days thereafter, a balance sheet of the Company as of the end of each such quarterly period, and a statement of income and a statement of cash flows of the Company for such period and for the current fiscal year to date, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereoftherein), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made;. (iiid) So long as an Investor (with its affiliates) shall own not less than five hundred thousand (500,000) shares of Registrable Securities (as adjusted for stock splits and combinations) (a “Major Investor”), to the extent requested by a such Major Investor the Company will furnish each such Major Investor, : (i) at least thirty (30) days prior to the beginning of each fiscal year an annual budget and operating plans for such fiscal year (and as soon as available, any subsequent written revisions thereto); and (ii) as soon as practicable after the end of each month, and in any event within twenty (20) calendar days thereafter, a balance sheet of the Company as of the end of each such month, and a statement of income and a statement of cash flows of the Company for such month and for the current fiscal year to date, including a comparison to plan figures for such period, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted thereon), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a capitalization table of the Company in a form reasonably acceptable to such Major Investor; and (iv) as soon as practicable, but in any event at least thirty (30) calendar days following approval by the Board of Directors, an annual budget and operating plans for the relevant fiscal year, prepared on a monthly basis, and, as soon as prepared, any other budgets or revised budgets prepared by the Company.

Appears in 1 contract

Sources: Investor Rights Agreement (Reliant Technologies Inc)

Basic Financial Information and Reporting. (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted thereintherein or as disclosed to the recipients thereof), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (b) So long as an Investor (with its Affiliates) shall own at least not less than five hundred thousand million (500,0005,000,000) shares of Registrable Securities (subject to adjustment as adjusted for stock splitssplits and combinations) or, combinationswith respect to Fidelity Mt. ▇▇▇▇▇▇ Street Trust: Fidelity Growth Company Fund, recapitalizations Fidelity Securities Fund: Fidelity OTC Portfolio, Fidelity Puritan Trust: Fidelity Puritan Fund, and Fidelity Magellan Fund: Fidelity Magellan Fund (collectively, “Fidelity”), so long as Fidelity, collectively with its Affiliates, owns any shares of capital stock of the like) Company, (each a “Major Investor”), the Company will furnish each such Major Investor: (i) as soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty eighty (120180) calendar days thereafter, the Company will furnish each such Major Investor a balance sheet of the Company, as at the end of such fiscal year, and a statement of income and a statement of cash flows of the Company, for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof) and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Board of Directors; (ii) as soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company, and in any event within forty-five (45) calendar days thereafter, a balance sheet of the Company as of the end of each such quarterly period, and a statement of income and a statement of cash flows of the Company for such period and for the current fiscal year to date, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; (iii) to the extent requested by a Major Investor, (i) as soon as practicable after the end of each month, and in any event within twenty (20) calendar days thereafter, a balance sheet of the Company as of the end of each such month, and a statement of income and a statement of cash flows of the Company for such month and for the current fiscal year to date, including a comparison to plan figures for such period, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted thereon), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a capitalization table of the Company in a form reasonably acceptable to such Major Investor; and (iv) as soon as practicable, but in any event at least thirty (30) calendar days following approval by the Board of Directors, an annual budget and operating plans for the relevant fiscal year, prepared on a monthly basis, and, as soon as prepared, any other budgets or revised budgets prepared by the CompanyBoard.

Appears in 1 contract

Sources: Investor Rights Agreement

Basic Financial Information and Reporting. (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted thereintherein or as disclosed to the recipients thereof), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (b) So long as an Investor (with its Affiliates) shall own at least not less than five hundred thousand million (500,0005,000,000) shares of Registrable Securities (subject to adjustment as adjusted for stock splitssplits and combinations) or, combinationswith respect to Fidelity Mt. ▇▇▇▇▇▇ Street Trust: Fidelity Growth Company Fund, recapitalizations Fidelity Securities Fund: Fidelity OTC Portfolio, Fidelity Puritan Trust: Fidelity Puritan Fund, and Fidelity Magellan Fund: Fidelity Magellan Fund (collectively, “Fidelity”), so long as Fidelity, collectively with its Affiliates, owns any shares of capital stock of the like) Company, (each a “Major Investor”), the Company will furnish each such Major Investor: (i) as soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty eighty (120180) calendar days thereafter, the Company will furnish each such Major Investor a balance sheet of the Company, as at the end of such fiscal year, and a statement of income and a statement of cash flows of the Company, for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof) and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Board of Directors;Board. (iic) as As soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company, and in any event within forty-five (45) calendar days thereafter, the Company will furnish each such Major Investor a balance sheet of the Company as of the end of each such quarterly period, and a statement of income and a statement of cash flows of the Company for such period and for the current fiscal year to date, including a comparison to plan figures for such period, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made;. (iiid) to the extent requested by a The Company will furnish each such Major Investor, Investor (i) by March 31 of each fiscal year an annual budget and operating plans for such fiscal year (and as soon as available, any subsequent written revisions thereto); and (ii) as soon as practicable after the end of each month, and in any event within twenty (20) calendar days thereafter, a balance sheet of the Company as of the end of each such month, and a statement of income and a statement of cash flows of the Company for such month and for the current fiscal year to date, including a comparison to plan figures for such period, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted thereontherein or as disclosed to the recipients thereof), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a capitalization table of the Company in a form reasonably acceptable to such Major Investor; and (iv) as soon as practicable, but in any event at least thirty (30) calendar days following approval by the Board of Directors, an annual budget and operating plans for the relevant fiscal year, prepared on a monthly basis, and, as soon as prepared, any other budgets or revised budgets prepared by the Company.

Appears in 1 contract

Sources: Investor Rights Agreement (Roku, Inc)

Basic Financial Information and Reporting. (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted thereintherein or as disclosed to the recipients thereof), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (b) So long as an a Investor (with its Affiliatesaffiliates) shall own at least not less than five hundred thousand (500,000) shares of Registrable Securities (subject to adjustment as adjusted for stock splits, splits and combinations, recapitalizations and the like) (a “Major Investor”), to the extent requested by such Major Investor the Company will furnish each such Major Investor: (i) , as soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty (120) calendar days thereafter, the Company will furnish such Major Investor a balance sheet of the Company, as at the end of such fiscal year, and a statement of income and a statement of cash flows of the Company, for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof) and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Company’s Board of Directors;. (iic) To the extent requested by a Major Investor, the Company will furnish such Major Investor, as soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company, and in any event within forty-five (45) calendar days thereafter, a balance sheet of the Company as of the end of each such quarterly period, and a statement of income and a statement of cash flows of the Company for such period and for the current fiscal year to date, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; (iii) to the extent requested by a Major Investor, (i) as soon as practicable after the end of each month, and in any event within twenty (20) calendar days thereafter, a balance sheet of the Company as of the end of each such month, and a statement of income and a statement of cash flows of the Company for such month and for the current fiscal year to date, including a comparison to plan figures for such period, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted thereon), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a capitalization table of the Company in a form reasonably acceptable to such Major Investor; and (iv) as soon as practicable, but in any event at least thirty (30) calendar days following approval by the Board of Directors, an annual budget and operating plans for the relevant fiscal year, prepared on a monthly basis, and, as soon as prepared, any other budgets or revised budgets prepared by the Company.

Appears in 1 contract

Sources: Investor Rights Agreement (Anthera Pharmaceuticals Inc)

Basic Financial Information and Reporting. (a) The Company will maintain true books and records of account in which full and correct entries will be made of all its business transactions pursuant to a system of accounting established and administered in accordance with generally accepted accounting principles consistently applied (except as noted thereintherein or as disclosed to the recipients thereof), and will set aside on its books all such proper accruals and reserves as shall be required under generally accepted accounting principles in the United States consistently applied. (b) So long as an Investor (with its Affiliates) shall own at least five hundred thousand (500,000) shares of Registrable Securities (subject to adjustment for stock splitsany Shares remain outstanding, combinations, recapitalizations and the like) (a “Major Investor”), the Company will furnish each such Major Investor: (i) as soon as practicable after the end of each fiscal year of the Company, and in any event within one hundred twenty (120) calendar 180 days thereafter, the Company will furnish any Investor holding together with its affiliates at least 2,500,000 shares of Series A Preferred or 2,500,000 shares of Series B Preferred (each as adjusted for any stock dividends, combinations, splits, recapitalizations and the like after the date hereof) (each, a “Major Investor”) an audited balance sheet of the Company, as at the end of such fiscal year, and a an audited statement of income and a an audited statement of cash flows of the Company, for such year, all prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof) ), and setting forth in each case in comparative form the figures for the previous fiscal year, all in reasonable detail. Such financial statements shall be audited and certified and accompanied by a report and opinion thereon by independent public accountants of national standing selected by the Board of Directors;Board. (iic) The Company will furnish each Major Investor, as soon as practicable after the end of the first, second and third quarterly accounting periods in each fiscal year of the Company, and in any event within forty-five (45) calendar 60 days thereafter, a an unaudited balance sheet of the Company as of the end of each such quarterly period, period and a an unaudited statement of income and a statement of cash flows of the Company for such period and for the current fiscal year to date, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted therein or as disclosed to the recipients thereof), with the exception that no notes need be attached to such statements and year-end audit adjustments may not have been made; (iii) to the extent requested by a Major Investor, (i) as soon well as practicable after the end of each month, and in any event within twenty (20) calendar days thereafter, a balance sheet of the Company as of the end of each such month, and a statement of income and a statement of cash flows of the Company for such month and for the current fiscal year to date, including a comparison to plan figures for such period, prepared in accordance with generally accepted accounting principles in the United States consistently applied (except as noted thereon), with the exception that no notes need be attached to such statements and yearan up-end audit adjustments may not have been made; and (ii) as soon as practicable, and in any event within seven (7) business days upon such request, a to-date capitalization table of the Company in a form reasonably acceptable to such Major Investor; andCompany. (ivd) as soon as practicable, but in any event The Company will furnish each Major Investor at least thirty (30) calendar 30 days following approval by prior to the Board beginning of Directors, each fiscal year an annual budget and operating plans for such fiscal year that each have been approved by the relevant fiscal year, prepared on a monthly basis, and, Board (and as soon as preparedavailable, any other budgets or revised budgets prepared by the Companysubsequent written revisions thereto).

Appears in 1 contract

Sources: Investor Rights Agreement (Lumena Pharmaceuticals, Inc.)