Common use of Reporting and Notices Clause in Contracts

Reporting and Notices. Until the termination of this Agreement, the Company shall provide Plenus with the following: (i) audited, consolidated annual financial statements within ninety (90) days after the end of the fiscal year (including an audited annual balance sheet of the Company as at the end of the fiscal year and the statement of income and cash flow of the Company for the fiscal year then ended), (ii) unaudited but reviewed, consolidated, quarterly financial statements within forty five (45) days after the end of each quarter, (iii) such other data and information as Plenus may reasonably request, provided such data is reasonably available and not subject to confidentiality undertakings to third parties, (iv) at least five (5) business days advanced written notice of a merger or consolidation of the Company, a sale of any substantial portion of the assets or shares of the Company or any reorganization or restructuring of the Company having similar effects, or a distribution of dividends, and (v) at least five (5) business days advanced written notice of a firmly underwritten initial public offering of the Company’s shares pursuant to a registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933 or pursuant to a registration statement filed with a similar authority under any other jurisdiction. Furthermore, and subject to execution of confidentiality undertakings Plenus shall have, at reasonable times and upon reasonable notice, full access to all books and records of the Company and shall be entitled to inspect the properties of the Company and consult with management of the Company regarding the same, to the extent necessary or advisable for the purpose of monitoring observance by the Company of its obligations under the Transaction Documents. Following the termination of this Agreement, and for as long as the Warrant is outstanding, the Company shall furnish to the Company true and complete copies of its annual and quarterly financial statements, simultaneously with furnishing same to any shareholders of the Company.

Reporting and Notices. Until the termination of this Agreement, the Company shall provide Plenus with the following: (i) audited, consolidated annual audited financial statements within ninety (90) days after the end of the each fiscal year (including an audited annual balance sheet of the Company as at the end of the fiscal year and the statement of income and cash flow of the Company for the fiscal year then ended), (ii) unaudited but reviewedconsolidated, consolidatedun-audited, quarterly financial statements within forty five sixty (4560) days after the end of each quarter, (iii) such other data and information as Plenus may reasonably request, provided such data is reasonably available and not subject to confidentiality undertakings to third partiesavailable, (iv) at least five (5) business days advanced written notice of any equity investment in the Company occurring after the date hereof, (v) at least five (5) business days advanced written notice of a merger or consolidation of the Company, a sale of any substantial portion of the assets or shares of the Company or any reorganization or restructuring of the Company having similar effects, or a distribution of dividends, and (vvi) at least five (5) business days advanced written notice of a firmly underwritten initial public offering of the Company’s 's shares pursuant to a registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933 or pursuant to a registration statement filed with a similar authority law under any other jurisdiction. Furthermore, and the Lenders shall have, subject to execution of confidentiality undertakings Plenus shall havecustomary non-disclosure obligations, at reasonable times and upon reasonable notice, full access to all books and records of the Company and shall be entitled to inspect the properties of the Company and consult with management of the Company regarding the same, to the extent necessary or advisable for the purpose of monitoring observance by the Company of its obligations under the Transaction Documents. Following the termination of this Agreement, and for as long as the Warrant is outstanding, the Company Lenders shall furnish have the same reporting and information rights, as granted to the Company true and complete copies holders of its annual and quarterly financial statements, simultaneously with furnishing same to any shareholders shares of the CompanyCompany of any class.

Reporting and Notices. Until the termination of this Agreement, the Company shall provide Plenus with the following: (i) consolidated, un-audited, consolidated annual financial statements within ninety (90) days after the end of the fiscal year (including an audited annual balance sheet of the Company as at the end of the fiscal year and the statement of income and cash flow of the Company for the fiscal year then ended), (ii) unaudited but reviewed, consolidated, quarterly financial statements within forty five sixty (4560) days after the end of each quarter, (iiiii) such other data and information as Plenus may reasonably request, provided such data is reasonably available and not subject to confidentiality undertakings to third partiesavailable, (iii) at least five (5) business days advanced written notice of any equity investment in the Company occurring after the date hereof, (iv) at least five (5) business days advanced written notice of a merger or consolidation of the Company, a sale of any substantial portion of the assets or shares of the Company or any reorganization or restructuring of the Company having similar effects, or a distribution of dividends, and (v) at least five (5) business days advanced written notice of a firmly underwritten initial public offering of the Company’s shares pursuant to a registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933 or pursuant to a registration statement filed with a similar authority law under any other jurisdiction. Furthermore, and the Lender shall have, subject to execution of confidentiality undertakings Plenus shall havecustomary non-disclosure obligations, at reasonable times and upon reasonable notice, full access to all books and records of the Company and shall be entitled to inspect the properties of the Company and consult with management of the Company regarding the same, to the extent necessary or advisable for the purpose of monitoring observance by the Company of its obligations under the Transaction Documents. Following the termination of this Agreement, and for as long as the Warrant is outstanding, the Company Lender shall furnish have the same reporting and information rights, as granted to the Company true and complete copies holders of its annual and quarterly financial statements, simultaneously with furnishing same to any shareholders shares of the CompanyCompany of any class.

Reporting and Notices. Until the termination of this Agreement, the Company shall provide Plenus with the following: (i) consolidated, un-audited, consolidated annual financial statements within ninety (90) days after the end of the fiscal year (including an audited annual balance sheet of the Company as at the end of the fiscal year and the statement of income and cash flow of the Company for the fiscal year then ended), (ii) unaudited but reviewed, consolidated, quarterly financial statements within forty five sixty (4560) days after the end of each quarter, (iiiii) such other data and information as Plenus may reasonably request, provided such data is reasonably available and not subject to confidentiality undertakings to third partiesavailable, (iii) at least five (5) business days advanced written notice of any equity investment in the Company occurring after the date hereof, (iv) at least five (5) business days advanced written notice of a merger or consolidation of the Company, a sale of any substantial portion of the assets or shares of the Company or any reorganization or restructuring of the Company having similar effects, or a distribution of dividends, and (v) at least five (5) business days advanced written notice of a firmly underwritten initial public offering of the Company’s shares pursuant to a registration statement filed with the Securities and Exchange Commission under the Securities Act of 1933 or pursuant to a registration statement filed with a similar authority law under any other jurisdiction. Furthermore, and the Lender shall have, subject to execution of confidentiality undertakings Plenus shall havecustomary non-disclosure obligations, at reasonable times and upon reasonable notice, full access to all books and records of the Company and shall be entitled to inspect the properties of the Company and consult with management of the Company regarding the same, to the extent necessary or advisable for the purpose of monitoring observance by the Company of its obligations under the Transaction Documents. Following the termination of this Agreement, and for as long as the Warrant is outstanding, the Company Lender and Co-lenders shall furnish have the same reporting and information rights, as granted to the Company true and complete copies holders of its annual and quarterly financial statements, simultaneously with furnishing same to any shareholders shares of the CompanyCompany of any class.