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 and to deliver to Acquiror as soon as reasonably practicable following the date of this Agreement, and in any event no later than March 15, 2021, the audited consolidated balance sheets and statements of operations and comprehensive loss, cash flow and change in stockholders’ equity or deficit of the Company (including all notes thereto) and its Subsidiaries as of and for the years ended December 31, 2020, together with the auditor’s reports thereon (the “2020 Audited Financial Statements”); provided, that upon delivery of such 2020 Audited Financial Statements, the representation and warranties set forth in Section 4.9 shall be deemed to apply to the 2020 Audited Financial Statements in the same manner as the Audited Financial Statements.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall act in good faith and to deliver to Acquiror as As soon as reasonably practicable following the date of this Agreementhereof, and in any event no later than March 15, 2021, the Company shall deliver to Parent the audited consolidated balance sheets and statements of operations and comprehensive loss, cash flow flows and change changes in stockholders’ equity or deficit of the Company (including all notes thereto) and its Subsidiaries as of and for the years twelve (12) month period ended December 31, 2020, together with the auditor’s reports thereon (the “2020 Audited Financial Statements”), which comply 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; provided, that upon delivery of such 2020 Audited Financial Statements, the representation representations and warranties set forth in Section 4.9 4.8 shall be deemed to apply to the 2020 Audited Financial Statements in with the same manner force and effect as if made as of the Audited Financial Statementsdate of this Agreement.