Common use of Commission Documents Clause in Contracts

Commission Documents. (a) The Company has filed all required reports, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein) with the Commission since December 31, 2002 (the “Company SEC Documents”). As of their respective dates, the Company SEC Documents complied in all material respects with the requirements of the Act or the Securities Exchange Act of 1934, as amended and the Regulations (as defined in Section 4.4), as the case may be, and none of the Company SEC Documents when filed (unless amended or superseded by a Company Filed SEC Document filed prior to the date hereof, then on the date of such later filing) contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to the extent that information contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Financial Statements of the Company included in the Company SEC Documents complied as to form, as of their respective dates of filing with the Commission, in all material respects with applicable accounting requirements and the published rules and regulations of the Commission with respect thereto (the “Accounting Rules”), have been prepared in accordance with GAAP (except, in the case of unaudited statements, as permitted by Form 10-Q of the Commission) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present, in all material respects, the consolidated financial position of the Company and its consolidated Subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal recurring non-material year-end audit adjustments).

Commission Documents. (a) The Company has filed all required forms, reports, exhibits, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein) with the Commission since December 31the date the Company became subject to the reporting requirements of the Exchange Act (as such documents may have been amended since the time of filing, 2002 (collectively, the “"Company SEC Documents”Reports"), all of which were prepared in accordance with the applicable requirements of the Securities Laws. As of their respective dates, the Company SEC Documents Reports (a) complied as to form in all material respects with the applicable requirements of the Act or the Securities Exchange Act of 1934, as amended Laws and the Regulations (as defined in Section 4.4), as the case may be, and none of the Company SEC Documents when filed (unless amended or superseded by a Company Filed SEC Document filed prior to the date hereof, then on the date of such later filingb) contained did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Except to the extent that information contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none Each of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Financial Statements consolidated balance sheets of the Company included in or incorporated by reference into the Company SEC Documents complied as to form, as of their respective dates of filing with Reports (including the Commission, in all material respects with applicable accounting requirements related notes and the published rules and regulations of the Commission with respect thereto (the “Accounting Rules”), have been prepared in accordance with GAAP (except, in the case of unaudited statements, as permitted by Form 10-Q of the Commissionschedules) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present, in all material respects, presents the consolidated financial position of the Company and its consolidated the Company Subsidiaries as of the dates thereof its date and each of the consolidated results statements of their operations income, changes in stockholders' equity (deficit) and comprehensive net loss, and cash flows of the Company included in or incorporated by reference into the Company SEC Reports (including any related notes and schedules) fairly presents the results of operations, changes in stockholders' equity (deficit) and comprehensive net loss, or cash flows, as the case may be, of the Company and the Company Subsidiaries for the periods then ended set forth therein (subject, in the case of unaudited statements, to normal recurring non-material year-end audit adjustmentsadjustments which would not be material in amount or effect), in each case in accordance with generally accepted accounting principles ("GAAP") consistently applied during the periods involved, except as may be noted therein and except, in the case of the unaudited statements, as permitted by Form 10-Q pursuant to Section 13 or 15(d) of the Exchange Act. As of October 31, 2002, the Company and the Company Subsidiaries had cash, cash equivalents and short term investments in the aggregate amount of $47,541,879 as determined on a consolidated basis and in accordance with GAAP. No Company Subsidiary is required to file any form, report or document with the Commission.

Commission Documents. (a) The Company Since January 1, 2020, the Seller has timely filed all required reports, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein) required to be filed by it with the U.S. Securities and Exchange Commission since December 31, 2002 (the “Company SEC Commission”) pursuant to the reporting requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), including material filed pursuant to Section 13(a) or 15(d) of the Exchange Act (all of the foregoing, including filings incorporated by reference therein, being referred to herein as the “Commission Documents”). As of their respective datesits date, the Company SEC Documents each Commission Document filed since January 1, 2020, complied in all material respects with the requirements of the Act or the Securities Exchange Act and the rules and regulations of 1934the Commission promulgated thereunder applicable to such document, and, as amended and the Regulations (as defined in Section 4.4)of its date, as the case may be, and none of the Company SEC Documents when filed (unless amended or superseded by a Company Filed SEC Document filed prior after giving effect to the date hereofinformation disclosed and incorporated by reference therein, then on the date of no such later filing) Commission Document since January 1, 2020, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to As of their respective dates, the extent that information contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none financial statements of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Financial Statements of the Company Seller included in the Company SEC Commission Documents filed with the Commission since January 1, 2020, complied as to form, as of their respective dates of filing with the Commission, form and substance in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto (the “Accounting Rules”), thereto. Such financial statements have been prepared in accordance with GAAP International Financial Reporting Standards (except, in the case of unaudited statements, as permitted by Form 10-Q of the Commission“IFRS”) applied on a consistent basis during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes theretothereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present, present in all material respects, respects the consolidated financial position of the Company and its consolidated Subsidiaries Seller as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal recurring non-material year-end audit adjustments).

Commission Documents. (a) The Company has filed all required reports, schedules, forms, statements reports and other documents (including exhibits and all other information incorporated therein) with the Commission since December 31, 2002 1997 (collectively, the "Company SEC Reports"), all of which were prepared in accordance with the applicable requirements of the Exchange Act, the Securities Act and the rules and regulations promulgated thereunder (the “"Securities Laws"). All required Company SEC Documents”)Reports have been filed with the Commission and constitute all forms, reports and documents required to be filed by the Company under the Securities Laws since December 31, 1997. As of their respective dates, the Company SEC Documents Reports (i) complied as to form in all material respects with the applicable requirements of the Act or the Securities Exchange Act of 1934, as amended Laws and the Regulations (as defined in Section 4.4), as the case may be, and none of the Company SEC Documents when filed (unless amended or superseded by a Company Filed SEC Document filed prior to the date hereof, then on the date of such later filingii) contained did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Except to the extent that information contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none Each of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Financial Statements consolidated balance sheets of the Company included in or incorporated by reference into the Company SEC Documents complied as to form, as of their respective dates of filing with Reports (including the Commission, in all material respects with applicable accounting requirements related notes and the published rules and regulations of the Commission with respect thereto (the “Accounting Rules”), have been prepared in accordance with GAAP (except, in the case of unaudited statements, as permitted by Form 10-Q of the Commissionschedules) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present, in all material respects, presents the consolidated financial position of the Company and its consolidated the Company Subsidiaries as of the dates thereof its date and each of the consolidated results statements of their operations income, retained earnings and cash flows of the Company included in or incorporated by reference into the Company SEC Reports (including any related notes and schedules) fairly presents the results of operations, retained earnings or cash flows, as the case may be, of the Company and the Company Subsidiaries for the periods then ended set forth therein (subject, in the case of unaudited statements, to normal recurring non-material year-end audit adjustmentsadjustments which would not be material in amount or effect), in each case in accordance with generally accepted accounting principles consistently applied during the periods involved, except as may be noted therein and except, in the case of the unaudited statements, as permitted by Form 10-Q pursuant to Section 13 or 15(d) of the Exchange Act. No Company Subsidiary is required to file any form, report or document with the Commission.

Commission Documents. (a) The Company has delivered or made available to Holdings each registration statement, report, proxy statement or information statement (as defined in Regulation 14C under the Exchange Act) prepared by it since January 1, 1996, which reports constitute all of the documents required to be filed all required reports, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein) by the Company with the Commission since December 31such date, 2002 each in the form (excluding exhibits and any amendments thereto) filed with the “Commission (collectively, the "Company SEC Documents”Reports"). As of their respective dates, the Company SEC Documents Reports and any Company Reports filed after the date hereof and prior to the Effective Time (a) complied as to form in all material respects with the applicable requirements of the Securities Act or the Securities Exchange Act of 1934, as amended and the Regulations (as defined in Section 4.4)Act, as the case may be, and none of the Company SEC Documents when filed rules and regulations thereunder; and (unless amended or superseded by a Company Filed SEC Document filed prior to the date hereof, then on the date of such later filingb) contained did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Except to The Company has timely filed with the extent that information contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact Commission all reports required to be stated therein or necessary in order to make the statements thereinfiled under Section 13, in light 14 and 15(d) of the circumstances under which they were madeExchange Act since January 1, not misleading. (b) The Financial Statements 1996. Each of the consolidated balance sheets of the Company included in or incorporated by reference into the Company SEC Documents complied as to form, as of their respective dates of filing with Reports (including the Commission, related notes and schedules) fairly present in all material respects with applicable accounting requirements and the published rules and regulations of the Commission with respect thereto (the “Accounting Rules”), have been prepared in accordance with GAAP (except, in the case of unaudited statements, as permitted by Form 10-Q of the Commission) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present, in all material respects, the consolidated financial position of the Company and its consolidated Subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended its date (subject, in the case of unaudited statements, to normal recurring non-material year-end audit adjustmentsadjustments which would not be material in amount or effect, and each of the consolidated statements of income, retained earnings and cash flows of the Company included in or incorporated by reference into the Company Reports (including any related notes and schedules) fairly present in all material respects the results of operations, stockholders equity or cash flows, as the case may be, of the Company and its Subsidiaries for the periods set forth therein (subject, in the case of unaudited statements, to normal year-end audit adjustments which would not be material in amount or effect). The financial statements of the Company, including the notes thereto, included in or incorporated by reference into the Company Reports comply as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto, and have been prepared in accordance with generally accepted accounting principles consistently applied (except as may be indicated in the notes thereto). Since January 1, 1996, there has been no material change in the Company's accounting methods or principles except as described in the notes to such Company financial statements.

Commission Documents. (a) The Company has filed all required reports, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein) with the Commission since December 31, 2002 (the “"Company SEC Documents”"). As of their respective dates, the Company SEC Documents complied in all material respects with the requirements of the Act or the Securities Exchange Act of 1934, as amended and the Regulations (as defined in Section 4.4), as the case may be, and none of the Company SEC Documents when filed (unless amended or superseded by a Company Filed SEC Document filed prior to the date hereof, then on the date of such later filing) contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to the extent that information contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Financial Statements of the Company included in the Company SEC Documents complied as to form, as of their respective dates of filing with the Commission, in all material respects with applicable accounting requirements and the published rules and regulations of the Commission with respect thereto (the “"Accounting Rules”"), have been prepared in accordance with GAAP (except, in the case of unaudited statements, as permitted by Form 10-Q of the Commission) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present, in all material respects, the consolidated financial position of the Company and its consolidated Subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal recurring non-material year-end audit adjustments).

Commission Documents. (a) The Company Parent has filed all required reportswith the Commission, schedules-------------------- and made available to the Company in the form so filed, formseach form, statements statement, annual, quarterly and other documents report, registration statement (including exhibits and all other information incorporated thereinamendments) and definitive proxy statement filed by Parent with the Commission since December 31, 2002 1999 (the “Company SEC "Parent Commission Documents”"), which are all the documents (other than preliminary material) that Parent was required to file with the Commission since such date. As of their respective filing dates, the Company SEC Parent Commission Documents complied in all material respects with the requirements of the Act or the U.S. Securities Exchange Act of 1934, as amended amended, and the Regulations (as defined in Section 4.4)Securities Act, as and the case may berules and regulations thereunder, and none of the Company SEC Documents when filed (unless amended or superseded by a Company Filed SEC Document filed prior to Parent Commission Documents, at the date hereoftime filed, then on the date of such later filing) contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under in which they were made, not misleading. Except to the extent that information The financial statements contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.Parent Commission Documents: (bi) The Financial Statements of the Company included in the Company SEC Documents complied as to form, as of their respective dates of filing with the Commission, in all material respects with applicable accounting requirements and the published rules and regulations of the Commission with respect thereto applicable thereto; (the “Accounting Rules”), have been ii) were prepared in accordance with GAAP generally accepted accounting principles applied on a consistent basis throughout the periods covered (exceptexcept as may be indicated in the notes to such financial statements and, in the case of unaudited statements, as permitted by Form 10-Q of the Commission, and except that unaudited financial statements lack footnotes and are subject to normal year-end audit adjustments); and (iii) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present, in all material respects, presented the consolidated financial position of the Company Parent and its consolidated Subsidiaries subsidiaries as of the respective dates thereof and the consolidated results of their operations operations, stockholders' equity and cash flows of the Parent and its subsidiaries for the periods then ended covered thereby (subject, in the case of unaudited financial statements, to the absence of footnotes and to normal recurring non-material year-end audit adjustments).

Commission Documents. (a) The Company has filed all required reports, schedules, forms, statements reports and other documents (including exhibits and all other information incorporated therein) with the Commission since December 31, 2002 1997 (collectively, the "Company SEC Reports"), all of which were prepared in accordance with the applicable requirements of the Exchange Act, the Securities Act and the rules and regulations promulgated thereunder (the “"Securities Laws"). All required Company SEC Documents”)Reports have been filed with the Commission and constitute all forms, reports and documents required to be filed by the Company under the Securities Laws since December 31, 1997. As of their respective dates, the Company SEC Documents Reports (i) complied as to 18 19 form in all material respects with the applicable requirements of the Act or the Securities Exchange Act of 1934, as amended Laws and the Regulations (as defined in Section 4.4), as the case may be, and none of the Company SEC Documents when filed (unless amended or superseded by a Company Filed SEC Document filed prior to the date hereof, then on the date of such later filingii) contained did not contain any untrue statement of a material fact or omitted omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Except to the extent that information contained in a Company SEC Document has been revised or superseded in a subsequently filed Company SEC Document, none Each of the Company SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) The Financial Statements consolidated balance sheets of the Company included in or incorporated by reference into the Company SEC Documents complied as to form, as of their respective dates of filing with Reports (including the Commission, in all material respects with applicable accounting requirements related notes and the published rules and regulations of the Commission with respect thereto (the “Accounting Rules”), have been prepared in accordance with GAAP (except, in the case of unaudited statements, as permitted by Form 10-Q of the Commissionschedules) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present, in all material respects, presents the consolidated financial position of the Company and its consolidated the Company Subsidiaries as of the dates thereof its date and each of the consolidated results statements of their operations income, retained earnings and cash flows of the Company included in or incorporated by reference into the Company SEC Reports (including any related notes and schedules) fairly presents the results of operations, retained earnings or cash flows, as the case may be, of the Company and the Company Subsidiaries for the periods then ended set forth therein (subject, in the case of unaudited statements, to normal recurring non-material year-end audit adjustmentsadjustments which would not be material in amount or effect), in each case in accordance with generally accepted accounting principles consistently applied during the periods involved, except as may be noted therein and except, in the case of the unaudited statements, as permitted by Form 10-Q pursuant to Section 13 or 15(d) of the Exchange Act. No Company Subsidiary is required to file any form, report or document with the Commission.