Common use of Restatement of Financial Statements Clause in Contracts

Restatement of Financial Statements. The restatement after the date hereof of any financial statements filed by the Company with the SEC for any date or period from two years prior to the Issuance Date and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statements, have constituted a Material Adverse Effect. For the avoidance of doubt, any restatement related to new accounting pronouncements shall not constitute a default under this Section.

Restatement of Financial Statements. The restatement after the date hereof of any financial statements filed by the Company with the SEC Commission for any date or period from two years prior to the Issuance Date and until this Note is no longer outstandingoutstanding (other than any restatement of the financial statements relating for the fiscal quarter ended September 30, 2020), if the result of such restatement would, by comparison to the unrestated financial statements, have constituted a Material Adverse Effect. For the avoidance of doubt, any restatement related to new accounting pronouncements shall not constitute a default under this Section.