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

Company SEC Documents; Financial Statements. (a) Since January 1, 2018, the Company has filed with the SEC, on a timely basis, all required registration statements, forms, documents, proxy statements and reports required to be filed or furnished prior to the date hereof by it with the SEC (collectively, and in each case including all exhibits and schedules thereto and documents incorporated by reference therein, including any amendments thereto, the “Company SEC Documents”). As of their respective dates, or, if amended, as of the date of the last such amendment, the Company SEC Documents complied in all material respects with the requirements of the Securities Act, the Exchange Act and the Sxxxxxxx-Xxxxx Act of 2002 (as amended and including the rules and regulations promulgated thereunder (the “Sxxxxxxx-Xxxxx Act”), as the case may be, and the applicable rules and regulations promulgated thereunder, and none of the Company SEC Documents at the time it was filed contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary 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 or its staff.

Company SEC Documents; Financial Statements. (a) Since January 1, 2018, the The Company has filed with the SEC, or furnished (as applicable) on a timely basis, basis with the SEC all required registration statements, forms, documentsreports, proxy schedules, statements and reports other documents required to be filed or furnished by the Company with the SEC under applicable Laws prior to the date hereof by it Agreement Date (all such filed documents, together with the SEC (collectively, and in each case including all exhibits and schedules thereto and documents all information incorporated therein by reference therein, including any amendments theretoreference, the “Company SEC Documents”). As of their respective datesfiling dates (and, in the case of registration statements and proxy statements, as of the dates of effectiveness and the dates of mailing, respectively), or, if amendedamended or superseded by a filing prior to the Agreement Date, as of on the date of the last such amendmentamended or superseding filing, the Company SEC Documents complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Sxxxxxxx-Xxxxx Act of 2002 (as amended and including the rules and regulations promulgated thereunder (the “Sxxxxxxx-Xxxxx Exchange Act”), as the case may be, and including, in each case, the applicable rules and regulations promulgated thereunder, and none of the Company SEC Documents at the time it was filed contained any untrue statement of a material fact or omitted to state any 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, or are to be made, not misleading. As No executive officer of the date Company has failed to make the certifications required of this Agreement, there are no outstanding him or unresolved comments in comment letters received from her under Section 302 or 906 of the Xxxxxxxx-Xxxxx Act with respect to any Company SEC or its staffDocument.

Company SEC Documents; Financial Statements. (a) Since January 1December 31, 20182011, the Company has timely filed or furnished with the SEC, on a timely basis, SEC all required registration statements, material forms, documents, proxy statements documents and reports required to be filed or furnished prior to the date hereof by it with the SEC, including all forms, documents and reports, the failure of which to so file or furnish could reasonably be expected to result in the loss of the Company’s status as a “well known seasoned issuer” with the SEC (collectivelysuch forms, documents, and in each case including all exhibits and schedules thereto and documents incorporated by reference thereinreports filed with the SEC, including any amendments thereto, the “Company SEC Documents”). As of their respective dates, or, if amended, as of the date of the last such amendment, the Company SEC Documents complied in all material respects with the requirements of the Securities Act, the Exchange Act and the Sxxxxxxx-Xxxxx Act of 2002 (as amended and including the rules and regulations promulgated thereunder (the “Sxxxxxxx-Xxxxx Exchange Act”), as the case may be, and the applicable rules and regulations promulgated thereunder, and none of the Company SEC Documents at the time it was filed (or, if amended, as of the date of the last amendment) contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary 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 material outstanding or unresolved comments in comment letters received from the SEC or its staffstaff with respect to the Company SEC Documents.

Company SEC Documents; Financial Statements. (a) Since January 1Each of the Company and OpCo has filed with, 2018or furnished to, the Company has filed with the SECSEC all reports, on a timely basis, all required registration statementsschedules, forms, documents, proxy statements and reports other documents required to be filed or furnished prior to the date hereof by it under the Securities Act or the Exchange Act since July 30, 2011 (collectively with the SEC (collectively, and in each case including all exhibits and schedules thereto and documents incorporated by reference therein, including any amendments thereto, the “Company SEC Documents”). As of their respective dates, or, if amended, effective dates (in the case of Company SEC Documents that are registration statements filed pursuant to the requirements of the Securities Act) and as of their respective SEC filing dates (in the date case of the last such amendmentall other Company SEC Documents), the Company SEC Documents complied as to form in all material respects with the requirements of the Securities Act, the Exchange Act and the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 (as amended and including the rules and regulations promulgated thereunder (the “SxxxxxxxXxxxxxxx-Xxxxx Act”), as the case may be, and the applicable rules and regulations promulgated thereunderto such Company SEC Documents, and none of the Company SEC Documents at as of such respective dates (or, if amended prior to the time it was filed date hereof, the date of the filing of such final amendment) contained any untrue statement of a material fact or omitted to state any 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, 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 or its staff.