Amendment to Section 7(a)(i) of the Purchase Agreement. Effective as of the Effective Date, Section 7(a)(i) of the Purchase Agreement is hereby amended, restated and replaced in its entirety with the following language:
(i) (A) in each fiscal year prior to an IPO, within 120 days after the end of such fiscal year of the Company and (B) in each fiscal year following an IPO, within 90 days after the end of such fiscal year of Company, it shall furnish its audited consolidated balance sheet and related statements of operations, stockholders’ equity and cash flows as of the end of and for such year, setting forth in each case in comparative form the figures for the previous fiscal year, all reported on by independent public accountants of recognized national standing (without a “going concern” or like qualification or exception (other than a qualification related to the maturity of the Notes at the Maturity Date) and without any qualification or exception as to the scope of such audit) to the effect that such consolidated financial statements present fairly in all material respects the financial condition and results of operations of Company and its consolidated Subsidiaries on a consolidated basis in accordance with GAAP consistently applied; provided that, for the delivery of such financial statements and materials in accordance with this paragraph as of and for the fiscal year ended December 31, 2019, the Company shall furnish such materials to the Investors as soon as available, but in no event later than July 31, 2020;
