Common use of Filing of Form 8-K Clause in Contracts

Filing of Form 8-K. On or before 9:00 a.m., Eastern time, on the first (1st) business day following the execution of this Agreement by the Company and the Backstop Investor, the Company shall file a Current Report on Form 8-K, including the form of this Agreement (the “8-K Filing”), with the Securities and Exchange Commission (“Commission”) in the form required by the Securities Exchange Act of 1934, as amended (the “Exchange Act”). From and after the 8-K Filing, the Company represents and warrants to the Backstop Investor that (a) it shall have publicly disclosed all material, non-public information previously delivered to the Backstop Investor by the Company, or any of their respective officers, directors, employees or agents and (ii) the SEC Reports did not, when filed, and do not contain any untrue statement of a material fact or omit to state any material fact necessary to prevent the statements contained therein from being misleading.

Filing of Form 8-K. On or before 9:00 a.m., Eastern time, on the first (1st) business day Business Day following the execution of this Agreement by the Company and the Backstop InvestorHolder, the Company shall file a Current Report on Form 8-K, including the form of this Agreement (the “8-K Filing”), with the Securities and Exchange Commission (“Commission”) in the form required by the Securities Exchange Act of 1934, as amended (the “Exchange Act”). From and after the 8-K Filing, the Company represents and warrants to the Backstop Investor Holder that (a) it shall have publicly disclosed all material, non-public information previously delivered to the Backstop Investor Holder by the Company, or any of their respective officers, directors, employees or agents and (ii) the SEC Reports did not, when filed, and do not contain any untrue statement of a material fact or omit to state any material fact necessary to prevent the statements contained therein from being misleading.