Common use of Preparation and Delivery of Additional Company Financial Statements Clause in Contracts

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall use reasonable best efforts to deliver to Acquiror, as promptly as reasonably practicable following the date of this Agreement, audited consolidated balance sheets of the Company and its Subsidiaries, taken as a whole, as of December 31, 2019 and November 30, 2020 and the related audited consolidated statements of operations, comprehensive income (loss), stockholders’ equity and cash flows for the years ended December 31, 2019 and November 30, 2020, together with the auditor’s reports thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC and the Exchange Act applicable to a registrant; provided that upon delivery of such financial statements, such financial statements shall be deemed the “Audited Financial Statements” for purposes of this Agreement and the representation and warranties set forth in Section 4.7 shall be deemed to apply to such financial statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall use reasonable best efforts act in good faith to deliver to Acquiror, as promptly soon as reasonably practicable following the date of this Agreementhereof, (i) audited consolidated balance sheets of the Company and its Subsidiaries, taken as a whole, as of December 31, 2019 and November 30, 2020 and the related audited consolidated statements of operations, comprehensive income (loss), stockholders’ equity and cash flows of the Company and its Subsidiaries as of and for the years ended December 31, 2019 and November 30December 31, 20202018, together with the auditor’s reports thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC SEC, the Exchange Act and the Exchange Securities Act applicable to a registrantregistrant (the “Updated Financial Statements”); provided provided, that upon delivery of such financial statementsUpdated Financial Statements, such financial statements shall be deemed the “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.7 4.8 shall be deemed to apply to such financial statements Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall use reasonable best efforts act in good faith to deliver to Acquiror, as promptly soon as reasonably practicable following the date of this Agreementhereof, (i) the audited consolidated balance sheets of the Company and its Subsidiaries, taken as a whole, as of December 31, 2019 and November 30, 2020 and the related audited consolidated statements of operations, comprehensive income (loss), stockholderscash flows and shareholders’ equity of the Company and cash flows its Subsidiaries as of and for the years year ended December 31, 2019 and November 30, 20202021, together with the auditor’s reports thereon, thereon which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC SEC, the Exchange Act and the Exchange Securities Act applicable to a registrantregistrant (the “2021 Audited Financial Statements”); provided provided, that upon delivery of such financial statements2021 Audited Financial Statements, such financial statements shall be deemed the “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.7 4.8 shall be deemed to apply to such financial statements Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall use reasonable best efforts to deliver to Acquiror, as promptly As soon as reasonably practicable following the date of this Agreementhereof, but in any event no later than March 31, 2021, the Company shall deliver to Acquiror (i) audited consolidated balance sheets of the Company and its Subsidiaries, taken as a whole, as of December 31, 2019 and November 30, 2020 and the related audited consolidated statements of operations, comprehensive income (loss), stockholders’ equity and cash flows of the Company and its Subsidiaries as of and for the years year ended December 31, 2019 and November 30, 2020, together with the auditor’s reports thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC SEC, the Exchange Act and the Exchange Securities Act applicable to a registrantregistrant (the “Updated Financial Statements”); provided provided, that upon delivery of such financial statementsUpdated Financial Statements, such financial statements shall be deemed the “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.7 4.8 shall be deemed to apply to such financial statements Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.

Preparation and Delivery of Additional Company Financial Statements. (a) The Company shall use reasonable best efforts act in good faith to deliver to Acquiror, as promptly soon as reasonably practicable following the date of this Agreementhereof, (i) the audited consolidated balance sheets and statements of operations, comprehensive loss, redeemable convertible preferred stock and stockholders’ deficit and cash flows of the Company and its Subsidiaries, taken as a whole, Subsidiaries as of December 31, 2019 and November 30, 2020 and the related audited consolidated statements of operations, comprehensive income (loss), stockholders’ equity and cash flows for the years ended December 31, 2019 2020, and November 30December 31, 20202019, together with the auditor’s reports thereon, which comply in all material respects with the applicable accounting requirements and with the rules and regulations of the SEC SEC, the Exchange Act and the Exchange Securities Act applicable to a registrantregistrant (the “Updated Financial Statements”); provided provided, that upon delivery of such financial statementsUpdated Financial Statements, such financial statements shall be deemed the “Audited Financial Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.7 4.8 shall be deemed to apply to such financial statements Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.