Common use of Company SEC Documents; Financial Statements Clause in Contracts

Company SEC Documents; Financial Statements. (a) During the one year preceding the date of this Agreement, the Company has filed all required reports, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein), and any required amendments to any of the foregoing, with the SEC. As of their respective filing dates (or date of amendment, if amended), each of the Company SEC Documents (i) complied as to form in all material respects with the requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) (as the case may be), and the rules and regulations of the SEC promulgated thereunder applicable to such Company SEC Documents, and (ii) contained no 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.

Appears in 2 contracts

Samples: Investment Agreement (Akebia Therapeutics, Inc.), Investment Agreement (Akebia Therapeutics, Inc.)

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Company SEC Documents; Financial Statements. (a) During the one year preceding the date of this AgreementSince January 1, 2019, the Company has filed or furnished with the SEC all required reports, schedules, material forms, statements documents and other documents (including exhibits and all other information incorporated therein), and any reports required amendments to any of be filed or furnished prior to the foregoing, date hereof by it with the SECSEC (the “Company SEC Documents”). As of their respective filing dates (or date of amendmentdates, or, if amended), each as of the date of the last such amendment, the Company SEC Documents (i) complied as to form in all material respects with the requirements of the Securities Act and the Exchange Act and the Sxxxxxxx-Xxxxx Act of 19342002, as amended (the “Exchange Act”) (as the case may be), and the applicable rules and regulations promulgated thereunder, and none of the SEC promulgated thereunder applicable to such Company SEC DocumentsDocuments at the time it was filed (or, and (iiif amended, as of the date of the last amendment) contained no any untrue statement of a material fact or omitted to state a 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, or are to be made, not misleading.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Qualcomm Inc/De), Agreement and Plan of Merger (Veoneer, Inc.)

Company SEC Documents; Financial Statements. (a) During the one year preceding the date of this AgreementSince December 31, 2008, the Company has filed with the SEC all required reports, schedules, material forms, statements documents and other documents reports required to be filed or furnished by it with the SEC (including exhibits and all other information incorporated therein)the forms, documents, and any required amendments to any of the foregoing, reports filed with the SEC, including any amendments thereto, the “Company SEC Documents”). As of their respective filing dates (or date of amendmentdates, or, if amended), each as of the date of the last such amendment, the Company SEC Documents (i) complied as to form in all material respects with the requirements of the Securities Exchange Act of 1934, as amended (and the Exchange Act”) (, as the case may be), and the applicable rules and regulations promulgated thereunder, and none of the SEC promulgated thereunder applicable to such Company SEC DocumentsDocuments at the time it was filed (or, and (iiif amended, as of the date of the last such amendment) contained no any untrue statement of a material fact or omitted to state a 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, or are to be made, not misleading. As of the date of this Agreement, there are no outstanding or unresolved comments in comment letters received from the SEC by the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Gymboree Corp)

Company SEC Documents; Financial Statements. (a) During the one year preceding the date of this AgreementSince January 1, 2020, the Company has filed with or furnished to (as applicable) the SEC all required reports, schedules, material forms, statements documents and reports required to be filed or furnished prior to such date by it with the SEC (such documents and any other documents (including exhibits and all other information incorporated thereinfiled or furnished by the Company with or to the SEC since January 1, 2020, as have been supplemented, modified or amended since the time of filing or furnishment, collectively, the “Company SEC Documents”), and any required amendments to any of the foregoing, with the SEC. As of their respective filing dates (dates, or, if supplemented, modified or amended, as of the date of the last such amendment, if amended)supplement or modification, each of the Company SEC Documents (i) complied as to form in all material respects with the requirements of the Securities Act, the Exchange Act of 1934and the Sxxxxxxx-Xxxxx Act, as amended (the “Exchange Act”) (as the case may be), and the applicable rules and regulations promulgated thereunder, and none of the SEC promulgated thereunder applicable to such Company SEC DocumentsDocuments at the time it was filed (or, and (iiif amended, supplemented or modified as of the date of the last amendment, supplement or modification) contained no any untrue statement of a material fact or omitted to state a 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, or are to be made, not misleading.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Avantax, Inc.)

Company SEC Documents; Financial Statements. (a) During the one year preceding the date of this AgreementSince January 1, 2016, the Company has filed or furnished the SEC with all required reports, schedules, material forms, statements documents and other documents reports required to be filed or furnished prior to the date hereof by it with the SEC (including exhibits and all other information incorporated therein)such forms, documents, and any required amendments to any of the foregoing, reports filed with the SEC, including any amendments thereto, the “Company SEC Documents”). As of their respective filing dates (or date of amendmentdates, or, if amended), each as of the date of the last such amendment, the Company SEC Documents (i) complied as to form in all material respects with the requirements of the Securities Exchange Act of 1934, as amended (and the Exchange Act”) (, as the case may be), and the applicable rules and regulations promulgated thereunder, and none of the SEC promulgated thereunder applicable to such Company SEC DocumentsDocuments at the time it was filed (or, and (iiif amended, as of the date of the last amendment) contained no any untrue statement of a material fact or omitted to state a 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, or are to be made, not misleading.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Hardinge Inc)

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Company SEC Documents; Financial Statements. (a) During the one year preceding the date of this AgreementSince January 1, 2019, the Company has filed or furnished with the SEC all required reports, schedules, material forms, statements documents and other documents (including exhibits and all other information incorporated therein), and any reports required amendments to any of be filed or furnished prior to the foregoing, date hereof by it with the SECSEC (the “Company SEC Documents”). As of their respective filing dates (or date of amendmentdates, or, if amended), each as of the date of the last such amendment, the Company SEC Documents (i) complied as to form in all material respects with the requirements of the Securities Act and the Exchange Act and the Xxxxxxxx-Xxxxx Act of 19342002, as amended (the “Exchange Act”) (as the case may be), and the applicable rules and regulations promulgated thereunder, and none of the SEC promulgated thereunder applicable to such Company SEC DocumentsDocuments at the time it was filed (or, and (iiif amended, as of the date of the last amendment) contained no any untrue statement of a material fact or omitted to state a 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, or are to be made, not misleading.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Veoneer, Inc.)

Company SEC Documents; Financial Statements. (a) During the one year preceding the date of this AgreementSince December 31, 2022, the Company has timely filed all required reports, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein), and any required amendments to any of the foregoing, with the SECSEC (the “Company SEC Documents”). As of their respective filing dates (or date of amendment, if amended)dates, each of the Company SEC Documents (i) complied as to form in all material respects with the requirements of the Securities Act of 1933, as amended (the “Securities Act”), and the Securities Exchange Act of 1934, as amended (the “Exchange Act”) (as the case may be), and the rules and regulations of the SEC promulgated thereunder applicable to such Company SEC Documents. No Company SEC Documents when filed, and (ii) declared effective or mailed, as applicable, contained no 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.

Appears in 1 contract

Samples: Subscription Agreement (Fortress Investment Group LLC)

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