Common use of Preparation and Delivery of Additional Company Financial Statements Clause in Contracts

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall act in good faith to deliver to Acquiror, as soon as reasonably practicable following the date hereof, (i) the audited consolidated balance sheets and the related audited consolidated statements of operations, cash flows and shareholders’ equity of the Company and its Subsidiaries as of and for the year ended December 31, 2021, together with the auditor’s reports thereon which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC, the Exchange Act and the Securities Act applicable to a registrant (the “2021 Audited Financial Statements”); provided, that upon delivery of such 2021 Audited Financial Statements, such financial statements shall be deemed “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to such Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall act in good faith to deliver to Acquiror, as As soon as reasonably practicable following the date hereof, but in any event no later than March 31, 2021, the Company shall deliver to Acquiror (i) the audited consolidated balance sheets and the related audited consolidated statements of operations, comprehensive loss, stockholders’ equity and cash flows and shareholders’ equity of the Company and its Subsidiaries as of and for the year ended December 31, 20212020, together with the auditor’s reports thereon thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC, the Exchange Act and the Securities Act applicable to a registrant (the “2021 Audited Updated Financial Statements”); provided, that upon delivery of such 2021 Audited Updated Financial Statements, such financial statements shall be deemed “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to such Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall act in good faith to deliver to Acquiror, as soon as reasonably practicable following the date hereof, (i) the audited consolidated balance sheets and the related audited consolidated statements of operations, comprehensive loss, redeemable convertible preferred stock and stockholders’ deficit and cash flows and shareholders’ equity of the Company and its Subsidiaries as of and for the year years ended December 31, 20212020, and December 31, 2019, together with the auditor’s reports thereon thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC, the Exchange Act and the Securities Act applicable to a registrant (the “2021 Audited Updated Financial Statements”); provided, that upon delivery of such 2021 Audited Updated Financial Statements, such financial statements shall be deemed “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to such Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall act in good faith to deliver to Acquiror, as soon as reasonably practicable following the date hereof, (i) the audited consolidated balance sheets and the related audited consolidated statements of operations, comprehensive loss, stockholders’ equity and cash flows and shareholders’ equity of the Company and its Subsidiaries as of and for the year years ended December 31, 20212019 and December 31, 2018, together with the auditor’s reports thereon thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC, the Exchange Act and the Securities Act applicable to a registrant (the “2021 Audited Updated Financial Statements”); provided, that upon delivery of such 2021 Audited Updated Financial Statements, such financial statements shall be deemed “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to such Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall act in good faith use reasonable best efforts to deliver to Acquiror, as soon promptly as reasonably practicable following the date hereofof this Agreement, (i) the audited consolidated balance sheets of the Company and its Subsidiaries, taken as a whole, as of December 31, 2019 and November 30, 2020 and the related audited consolidated statements of operations, comprehensive income (loss), stockholders’ equity and cash flows and shareholders’ equity of the Company and its Subsidiaries as of and for the year years ended December 31, 20212019 and November 30, 2020, together with the auditor’s reports thereon thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC, SEC and the Exchange Act and the Securities Act applicable to a registrant (the “2021 Audited Financial Statements”)registrant; provided, provided that upon delivery of such 2021 Audited Financial Statementsfinancial statements, such financial statements shall be deemed the “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 4.7 shall be deemed to apply to such Audited Financial Statements financial statements with the same force and effect as if made as of the date of this Agreement.