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 commercially reasonable efforts to deliver to Acquiror and Swiss NewCo, as soon as reasonably practicable following the date of this Agreement, audited consolidated statements of financial position and statements of comprehensive income, changes in equity and cash flows of the Company and its Subsidiaries as of and for the year ended December 31, 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, the Exchange Act and the Securities Act applicable to a registrant (collectively, the “PCAOB Financial Statements”); provided that upon delivery of such PCAOB Financial Statements, such financial statements shall be deemed Audited Financial Statements for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to the such 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 commercially reasonable efforts to deliver to Acquiror and Swiss NewCo, as As soon as reasonably practicable following the date of this Agreement, the Company shall deliver to Acquiror audited consolidated statements of financial position balance sheets and statements of operations, comprehensive incomeloss, changes in stockholders’ equity and cash flows of the Company and its Subsidiaries as of and for the year years ended December January 31, 20202020 and January 31, 2021, 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, the Exchange Act and the Securities Act applicable to a registrant (collectively, the “PCAOB Financial Statements”); provided provided, that upon delivery of such PCAOB Financial Statements, such financial statements shall be deemed “Audited Financial Statements Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to the such 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 commercially reasonable efforts to deliver to Acquiror and Swiss NewCo, as As soon as reasonably practicable following the date of this Agreement, the Company shall deliver to Acquiror audited consolidated statements of financial position balance sheets and statements of operations, comprehensive incomeloss, changes in stockholders’ equity and cash flows of the Company and its Subsidiaries as of and for the year years ended December 31, 20202019 and December 31, 2018, 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, the Exchange Act and the Securities Act applicable to a registrant (collectively, the “PCAOB Financial Statements”); provided provided, that upon delivery of such PCAOB Financial Statements, such financial statements shall be deemed “Audited Financial Statements Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to the such 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 commercially reasonable best efforts to deliver to Acquiror and Swiss NewCoPurchaser, as soon as reasonably practicable following the date of this Agreement, audited consolidated statements of financial position balance sheets and statements of comprehensive income, changes in equity retained earnings and cash flows of the Company and its Subsidiaries as of and for the year years ended December 31, 20202022, and December 31, 2021, 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, the Exchange Act and the Securities Act applicable to a registrant (collectively, the “PCAOB Financial Statements”); provided that upon delivery of such PCAOB Financial Statements, such financial statements shall be deemed Audited “Financial Statements Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 3.6 shall be deemed to apply to the such 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 commercially reasonable best efforts to deliver to Acquiror and Swiss NewCoAcquiror, as soon as reasonably practicable following the date of this Agreement, audited consolidated statements of financial position balance sheets and statements of operations, comprehensive incomeloss, changes in stockholders’ equity and cash flows of the Company and its Subsidiaries as of and for the year years ended December 31, 2020, and December 31, 2019, 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, the Exchange Act and the Securities Act applicable to a registrant (collectively, the “PCAOB Financial Statements”); provided that upon delivery of such PCAOB Financial Statements, such financial statements shall be deemed “Audited Financial Statements Statements” for the purposes of this Agreement and the representation and warranties set forth in Section 4.8 shall be deemed to apply to the such Audited Financial Statements with the same force and effect as if made as of the date of this Agreement.