Common use of Financial Statement Restatement Clause in Contracts

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 35 contracts

Samples: Securities Purchase Agreement (RespireRx Pharmaceuticals Inc.), Securities Purchase Agreement (Growlife, Inc.), Note Purchase Agreement (RespireRx Pharmaceuticals Inc.)

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Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC at any time after 180 days after the Issuance Date for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated un-restated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 15 contracts

Samples: Securities Purchase Agreement (NovAccess Global Inc.), Securities Purchase Agreement (SinglePoint Inc.), Securities Purchase Agreement (Growlife, Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC Securities and Exchange Commission for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statementstatements, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase AgreementMaterial Adverse Effect.

Appears in 13 contracts

Samples: Subscription Agreement (Attitude Drinks Inc.), Subscription Agreement (Attitude Drinks Inc.), Assignment and Escrow Agreement (Attitude Drinks Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statementstatements, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase AgreementMaterial Adverse Effect.

Appears in 6 contracts

Samples: Assignment and Escrow Agreement (Attitude Drinks Inc.), Secured Convertible Note (Attitude Drinks Inc.), Secured Convertible Note (Attitude Drinks Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC Securities and Exchange Commission for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 5 contracts

Samples: Eventure Interactive, Inc., Eventure Interactive, Inc., Eventure Interactive, Inc.

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower Company with the SEC for any date or period from two years prior to the Issue Date date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder Company with respect to this Note or the Purchase Agreement.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Brazil Minerals, Inc.), Securities Purchase Agreement (Competitive Technologies Inc), Convertible Promissory Note (Puramed Bioscience Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Revolving Line of Credit Agreement.

Appears in 3 contracts

Samples: Extension Agreement (5Barz International, Inc.), Addendum Agreement (CelLynx Group, Inc.), Addendum Agreement (5Barz International, Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC Securities and Exchange Commission for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Exchange Agreement.

Appears in 3 contracts

Samples: Eventure Interactive, Inc., Eventure Interactive, Inc., Eventure Interactive, Inc.

Financial Statement Restatement. The restatement of Borrower restates any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase AgreementNote.

Appears in 3 contracts

Samples: Securities Exchange Agreement (IDdriven, Inc.), Intellectual Property Security Agreement (IDdriven, Inc.), Stock Pledge Agreement (IDdriven, Inc.)

Financial Statement Restatement. The restatement after the date hereof of any financial statements filed by the Borrower with the SEC Securities and Exchange Commission for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statementstatements, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase AgreementMaterial Adverse Effect.

Appears in 3 contracts

Samples: Subscription Agreement (Megawest Energy Corp.), Escrow Agreement (Vicor Technologies, Inc.), Leakout Agreement (China Yongxin Pharmaceuticals Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from fro m two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Vet Online Supply Inc), Securities Purchase Agreement (Vet Online Supply Inc)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC or OTC Markets for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase AgreementNote.

Appears in 2 contracts

Samples: Assignment Agreement (Digerati Technologies, Inc.), Assignment Agreement (Digerati Technologies, Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower Company with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 2 contracts

Samples: Exchange Agreement (Arkados Group, Inc.), Exchange Agreement (Arkados Group, Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC at any time 180 days after the Issuance Date for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if . If the result of such restatement would, by comparison to the unrestated un-restated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Blue Star Foods Corp.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statementstatements, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower Maker with the SEC Securities and Exchange Commission for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note Note, the Exchange Agreement or the Purchase Security Agreement.

Appears in 1 contract

Samples: Security Agreement (Abakan, Inc)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC Securities and Exchange Commission for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note Note, the Purchase Agreements or the Purchase Waiver Agreement.

Appears in 1 contract

Samples: Settlement Agreement (Abakan, Inc)

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Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated un-restated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mphase Technologies Inc)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date closing date of this Note the Reorganization and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statementstatements, have constituted a material adverse effect on the rights business, operations or financial condition of the Holder with respect to this Note or the Purchase AgreementBorrower.

Appears in 1 contract

Samples: Loan Agreement and Secured Promissory Note (Cellteck Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC Securities and Exchange Commission for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statementstatements, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreementeffect.

Appears in 1 contract

Samples: Extension Agreement (Attitude Drinks Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.;

Appears in 1 contract

Samples: Inergetics Inc

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two one years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 1 contract

Samples: Securities Purchase Agreement (Saleen Automotive, Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for at any date or period from two years prior to the Issue Date of this Note and time until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated un-restated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Security Agreement.

Appears in 1 contract

Samples: HFactor, Inc.

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated un-restated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase AgreementNote.

Appears in 1 contract

Samples: Elite Data Services, Inc.

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.Agreement.16

Appears in 1 contract

Samples: Securities Purchase Agreement (First Choice Healthcare Solutions, Inc.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement, provided that the Borrower shall have seven days to cure any such default.

Appears in 1 contract

Samples: Exchange Agreement (NewLead Holdings Ltd.)

Financial Statement Restatement. The restatement of any financial statements filed by the Borrower with the SEC at any time after 180 days after the Issuance Date for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated un-restated financial statement, have constituted a material adverse effect on the rights of the Holder with respect to this Note or the Purchase AgreementNote.

Appears in 1 contract

Samples: Asset Purchase Agreement (Gelstat Corp)

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