Common use of Delivered Clause in Contracts

Delivered. Any statement in Section 2 of the Agreement to the effect that any information, document or other material has been “delivered” to Parent shall mean that such information, document or material, subject to certain controls agreed to by Parent and the Company, was: (a) available for review by Parent or Parent’s Representatives in the virtual data room set up by Fenwick & West LLP in connection with the Contemplated Transactions as of 5:00 p.m. on the date three business days prior to the date of the Agreement (including links to unredacted documents available on E▇▇▇▇); (b) delivered to Parent or its outside legal counsel in the manner described in Section 9.9 of the Agreement by 5:00 p.m. on the date three business days prior to the date of the Agreement; or (c) with respect to Acquired Corporation Returns and other Tax-, audit- and S▇▇▇▇▇▇▇-▇▇▇▇▇ Act-related materials, either delivered in accordance with clause “(a)” or “(b)” of this definition or actually provided to Parent’s representatives for review while Parent’s representatives were conducting their due diligence review prior to the date of this Agreement on site: (i) at the San Francisco office of BDO S▇▇▇▇▇▇, LLP; or (ii) at the Company’s offices.

Delivered. Any statement in Section 2 of the Agreement to the effect that any information, document or other material has been “delivered” to Parent shall mean that such information, document or material, subject to certain controls agreed to by Parent and the Company, was: (a) available for review by Parent or Parent’s Representatives in the virtual data room set up by Fenwick & West LLP in connection with the Contemplated Transactions as of 5:00 p.m. on the date three business days prior to the date of the Agreement (including links to unredacted documents available on E▇▇▇▇▇); (b) delivered to Parent or its outside legal counsel in the manner described in Section 9.9 of the Agreement by 5:00 p.m. on the date three business days prior to the date of the Agreement; or (c) with respect to Acquired Corporation Returns and other Tax-, audit- and S▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act-related materials, either delivered in accordance with clause “(a)” or “(b)” of this definition or actually provided to Parent’s representatives for review while Parent’s representatives were conducting their due diligence review prior to the date of this Agreement on site: (i) at the San Francisco office of BDO S▇▇▇▇▇▇▇, LLP; or (ii) at the Company’s offices.