Common use of Rights as Shareholders; Information Clause in Contracts

Rights as Shareholders; Information. No holder of this Warrant, as such, shall be entitled to vote or receive dividends or be deemed the holder of Shares or any other securities of the Company which may at any time be issuable upon the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this Warrant, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the holder of this Warrant (a) such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders, (b) any stock purchase (or similar) agreement to which the Company is a party entered into on or after the Date of Grant, (c) each amendment to, or amended and restated, Charter filed by the Company with the Secretary of State of any jurisdiction, and (d) on the first day of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities of the Company, together with all options or warrants to purchase such equity securities issued by the Company, substantially in the form provided to the holder prior to the Date of Grant. Any information, document or report required to be transmitted pursuant to (a), (b) and (c) above shall be deemed to have been transmitted to the holder upon filing of such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX system.

Rights as Shareholders; Information. No holder of this Warrant, as such, shall be entitled to vote or receive dividends or be deemed the holder of Shares Series Preferred or any other securities of the Company which may at any time be issuable upon on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this Warrant, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will use commercially reasonable efforts to transmit to the holder of this Warrant (a) such information, documents and reports as are generally distributed to the holders of any class or series the Series Preferred (in their role as holders of the securities Series Preferred, excluding, by way of example, information, documents and reports distributed to the holders of the Company Series Preferred in their role as officer or director of the Company) concurrently with the distribution thereof to the Series Preferred shareholders. In addition, (b) any stock purchase (or similar) agreement as a condition to which the Company is a party exercise of this Warrant, if all stockholders of the Series Preferred have entered into on an agreement restricting the rights of such stockholders to transfer their Series Preferred, then the holder shall enter into the same such agreement or into an agreement containing the same restrictions as those agreed to by all such stockholders, provided that the holder shall not be required to enter into such agreement or any similar agreement after the Date closing of Grant, (c) each amendment to, or amended and restated, Charter filed by the Company with the Secretary of State of any jurisdiction, and (d) on the first day of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities of the Company, together with all options or warrants to purchase such equity securities issued by the Company, substantially in the form provided to the holder prior to the Date of Grant. Any information, document or report required to be transmitted pursuant to (a), (b) and (c) above shall be deemed to have been transmitted to the holder upon filing of such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX systemIPO.

Rights as Shareholders; Information. No holder of this Warrant, as such, shall be entitled to vote or receive dividends or distributions or be deemed the holder of Shares or any other securities of the Company ordinary shares which may at any time be issuable upon the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this Warrant, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or distributions or subscription rights or otherwise until this Warrant shall have been exercised and the Shares purchasable upon the exercise hereof shall have become deliverableregistered in such holder’s name, as provided herein. Notwithstanding the foregoing, the Company will transmit to the holder of this Warrant (a) such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders, and (b) any stock purchase (or similar) agreement to which the Company is a party entered into on or after the Date of Grant, (c) each amendment to, or amended and restated, Charter filed by the Company with the Secretary of State of any jurisdiction, and (d) on the first day of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities Cayman Islands Registrar of the Company, together with all options Companies or warrants to purchase such equity securities issued by the Company, substantially in the form provided to the holder prior to the Date of Grantany other similar regulatory body. Any information, document or report required to be transmitted pursuant to (a), (b) and (cb) above shall be deemed to have been transmitted to the holder upon filing of such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX system (including as an exhibit to a report furnished or submitted to the Securities and Exchange Commission’s XXXXX system).

Rights as Shareholders; Information. No holder of this Warrant, as such, shall be entitled to vote or receive dividends or be deemed the holder of Shares or any other securities of the Company which may at any time be issuable upon the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this Warrant, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the holder of this Warrant (a) such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders, (b) any stock purchase (or similar) agreement to which the Company is a party entered into on or after the Date of Grant, (c) each amendment to, or amended and restated, Charter filed by the Company with the Secretary of State of any jurisdiction, and (d) on the first day of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities of the Company, together with all options or warrants to purchase such equity securities issued by the Company, substantially in the form provided to the holder prior to the Date of Grant. Any information, document or report required to be transmitted pursuant to (a), (b) and (c) above shall be deemed to have been transmitted to the holder upon filing of such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX system.

Rights as Shareholders; Information. No holder of this Warrant, as such, Holder shall not be entitled to vote or receive dividends or be deemed the a holder of Shares Common Stock or any other securities of the Company which may at any time be issuable upon on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this WarrantHolder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the holder of this Warrant (a) Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholdersshareholders and will, upon written request by Holder to the Chief Financial Officer of the Company from time to time (bbut not more often than twice in any 12-month period) provide to Holder copies of the following documents within a reasonable time after such request (but in all events only to the extent that, and no sooner than the time that, such documents have been made available to the Company's stockholders ): (i) the Company's most recent audited annual financial statements or, if audited statements are not available, then the Company's unaudited annual financial statements as of the end of the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter of the Company's fiscal year since the date of the annual financial statements delivered pursuant to clause (i) above. Notwithstanding the preceding sentence, during any stock purchase (or similar) agreement to period in which the Company has outstanding a class of publicly-traded securities or is for any reason a party entered into on or after reporting company under the Date Securities Exchange Act of Grant1934, (c) each amendment toit shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, or amended and restated, Charter any Form 10-Qs and/or 8-Ks filed by the Company with the Secretary SEC since the date of State of any jurisdictionsuch Form 10-K, and (d) on the first day of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities of the Company, together with all options or warrants to purchase such equity securities issued by the Company, substantially in the form provided to the holder prior to the Date of Grant. Any information, document or report required to be transmitted pursuant to (a), (b) and (c) above shall be deemed to have been transmitted to the holder upon filing of such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX systemany proxy statements.

Rights as Shareholders; Information. No Holder, as a holder of this Warrant, as such, shall be entitled to vote or receive dividends or be deemed the holder of Shares Series Preferred or any other securities of the Company which may at any time be issuable upon the exercise or conversion hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this WarrantHolder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised or converted and the Shares purchasable upon the exercise or conversion hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the holder of this Warrant (a) Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders. In addition, (b) any stock purchase (or similar) agreement to which the Company is agrees to provide in a party entered into on or after the Date of Grant, (c) each amendment to, or amended and restated, Charter filed timely manner any information reasonably requested by the Company Holder to enable the Holder and its affiliates to comply with their accounting reporting requirements. Notwithstanding the Secretary of State of any jurisdictionforegoing, and (d) on the first day of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities of the Company, together with all options or warrants to purchase such equity securities issued by the Company, substantially in the form provided to the holder prior to the Date effective date of Grant. Any the initial registration statement covering a Public Offering of Company’s securities, Company will provide Holder or successor the following information, document or report required to be transmitted pursuant to (a), (b) and (c) above shall be deemed to have been transmitted to the holder upon filing of such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX system.:

Rights as Shareholders; Information. No holder of this Warrant, as such, shall be entitled to vote or receive dividends or be deemed the holder of Shares or any other securities of the Company which may at any time be issuable upon the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this Warrant, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, at all times when the Company is subject to neither the Section 13 nor the Section 15(d) of the Exchange Act, the Company will transmit to the holder of this Warrant (a) such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders, (b) any stock purchase (or similar) agreement to which the Company is a party entered into on or after the Date of Grant, (c) each amendment to, or amended and restated, Charter filed by the Company with the Secretary of State of any jurisdiction, and (d) on the first day of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities of the Company, together with all options or warrants to purchase such equity securities issued by the Company. Notwithstanding anything herein to the contrary, substantially the rights of the Holder under this Section 5.12 are in addition to and not in lieu of any applicable rights that the Holder may have under the Loan Agreement or any other Loan Document (as defined in the form provided to the holder prior to the Date of Grant. Any information, document or report required to be transmitted pursuant to (aLoan Agreement), (b) and (c) above shall be deemed to have been transmitted to the holder upon filing of such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX system.

Rights as Shareholders; Information. No holder of this Warrant, as such, shall be entitled to vote or receive dividends or be deemed the holder of Shares Common Stock or any other securities of the Company which may at any time be issuable upon on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the holder of this Warrant, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the holder of this Warrant (a) such information, documents and reports as are generally distributed to the holders of any class or series of the securities shareholders of the Company concurrently with the distribution thereof to the such shareholders, including without limitation the following: (ba) any stock purchase (or similar) agreement to which the Company is a party entered into on or within 120 days after the Date of Grant, (c) each amendment to, or amended and restated, Charter filed by the Company with the Secretary of State of any jurisdiction, and (d) on the first day end of each calendar quarter, the Company’s then current capitalization table, showing all issued and outstanding equity securities fiscal year of the Company, together with all options or warrants to purchase an audited consolidated balance sheet of the Company as of the end of such year and audited consolidated statements of income, shareholders' equity securities issued and changes in financial position for such year, which year-end financial reports shall be in reasonable detail and shall be accompanied by the opinion of the independent public accountants of recognized standing selected by the Company, substantially in the form provided to the holder prior to the Date of Grant. Any information, document or report required to be transmitted pursuant to (a), and (b) such other information, documents and (c) above shall be deemed to have been transmitted to reports as the holder upon filing of this Warrant may reasonably request in order to assist such information, document or report by the Company on the Securities and Exchange Commission’s XXXXX systemholder in determining whether to exercise its rights to acquire Shares under this Warrant.