Information to be Delivered. The Company shall deliver the following to each Major Investor, provided that the Board has not reasonably determined that such Major Investor is a competitor of the Company (provided, that a Major Investor that is a venture capital fund shall not be deemed a competitor solely as a result of its investment in another company, so long as any person designated as a member of the Board by such Major Investor is not also appointed to the board of directors such other company): (a) As soon as practicable, but in any event within one hundred eighty (180) days (or such longer period as the Board may unanimously determine) of being made available to the Company after the end of each fiscal year of the Company, the Company shall deliver, (i) a balance sheet as of the end of such year, (ii) statements of income and of cash flows for such year for such year, and (iii) a statement of stockholders’ equity as of the end of such year, all of which shall be audited and certified by independent public accountants of nationally recognized standing selected by the Company. (b) As soon as practicable, but in any event within forty-five (45) days after the end of each quarter of each fiscal year of the Company, the Company shall deliver unaudited statements of income and of cash flows for such fiscal quarter and an unaudited balance sheet and a statement of stockholders’ equity as of the end of such fiscal quarter, all prepared in accordance with GAAP (except that such financial statements may (i) be subject to normal year-end audit adjustments and (ii) not contain all notes thereto that may be required in accordance with GAAP).
Appears in 3 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Upwork Inc.), Investors’ Rights Agreement (Upwork Inc.)
Information to be Delivered. The Company shall deliver the following to each Major Investor, Investor (provided that the Board has not reasonably determined that such Major Investor is a competitor of the Company (provided, that a Major Investor that is a venture capital fund shall not be deemed a competitor solely as a result of its investment in another company, so long as any person designated as a member of the Board by such Major Investor is not also appointed Company) and to the board of directors such other company):Genethon:
(a) As soon as practicable, but in any event within one hundred eighty fifteen (18015) days (or such longer period as the Board may unanimously determine) of being made available to the Company after the end of each fiscal year of the Company, the Company shall deliver, (i) a balance sheet as of the end of such year, (ii) statements of income and of cash flows for such year for such year, and (iii) a statement of stockholders’ equity as of the end of such year, all of which shall be prepared in accordance with GAAP (except that such financial statements may (x) be subject to normal year-end audit adjustments and (y) not contain all notes thereto that may be required in accordance with GAAP), provided, however, that such financial statements shall be audited and certified by independent public accountants of nationally recognized standing selected by the Company.
(b) As soon as practicable, but in any event within forty-five (45) days after the end of each quarter of each fiscal year of the Company, the Company shall deliver deliver, unaudited statements of income and of cash flows for such fiscal quarter quarter, and an unaudited balance sheet and a statement of stockholders’ equity as of the end of such fiscal quarter, all prepared in accordance with GAAP (except that such financial statements may (i) be subject to normal year-end audit adjustments and (ii) not contain all notes thereto that may be required in accordance with GAAP).
Appears in 3 contracts
Samples: Investors' Rights Agreement, Investors’ Rights Agreement (Audentes Therapeutics, Inc.), Investors’ Rights Agreement (Audentes Therapeutics, Inc.)
