Common use of Rights as Shareholders; Information Clause in Contracts

Rights as Shareholders; Information. Holder shall not be entitled to vote or receive dividends or be deemed a holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon Holder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to Holder such information, documents and reports as are generally distributed to holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders and will, upon written request by Holder to the Chief Financial Officer of the Company from time to time (but not more often than twice in any 12-month period) provide to Holder copies of the following documents within a reasonable time after such request (but in all events only to the extent that, and no sooner than the time that, such documents have been made available to the Company's stockholders ): (i) the Company's most recent audited annual financial statements or, if audited statements are not available, then the Company's unaudited annual financial statements as of the end of the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter of the Company's fiscal year since the date of the annual financial statements delivered pursuant to clause (i) above. Notwithstanding the preceding sentence, during any period in which the Company has outstanding a class of publicly-traded securities or is for any reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, any Form 10-Qs and/or 8-Ks filed by the Company with the SEC since the date of such Form 10-K, and any proxy statements.

Rights as Shareholders; Information. Holder No Holder, as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed a the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised or converted and the Warrant Shares purchasable upon the exercise or conversion hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders and willshareholders. In addition, upon written request the Company agrees to provide in a timely manner any information reasonably requested by the Holder to enable the Holder and its affiliates to comply with their accounting reporting requirements. Prior to the effective date of an IPO, Company will also provide Holder the following information: (a) As soon as practicable (and in any event within thirty (30) days after the end of each quarter), unaudited financial statements for such quarter, certified by Company’s Chief Executive Officer or Chief Financial Officer of to fairly present in all material respects the Company from time to time data reflected therein. (but not more often than twice b) As soon as practicable (and in any 12-month periodevent within five (5) provide to Holder copies of the following documents within a reasonable time days after such request (but in all events only to the extent thatcompletion), and no sooner than the time that, such documents have been made available to the Company's stockholders ): (i) the Company's most recent audited annual financial statements or, if audited statements are not available, then the Company's unaudited annual financial statements as of the end of the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter such year, setting forth in comparative form the corresponding figures for the preceding fiscal year, and accompanied by an audit report and unqualified opinion of the independent certified public accountants of recognized national standing selected by Company's fiscal year since the date . (c) Copies of the annual financial statements delivered pursuant to clause 409(A) valuation reports, if any, within thirty (i30) above. Notwithstanding the preceding sentence, during any period in which the Company has outstanding a class days of publicly-traded securities or is for any reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, any Form 10-Qs and/or 8-Ks filed completion. (d) Upon request by the Company with the SEC since the date of such Form 10-KHolder, detailed capitalization tables (by round and any proxy statementsinvestor).

Rights as Shareholders; Information. Holder No Holder, as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed a the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised or converted and the Warrant Shares purchasable upon the exercise or conversion hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders and willshareholders. In addition, upon written request the Company agrees to provide in a timely manner any information reasonably requested by the Holder to enable the Holder and its affiliates to comply with their accounting reporting requirements. Prior to the effective date of an I PO, Company will also provide Holder the following information: (a) As soon as practicable (and in any event within thirty (30) days after the end of each quarter), unaudited financial statements for such quarter, certified by Company’s Chief Executive Officer or Chief Financial Officer of to fairly present in all material respects the Company from time to time data reflected therein. (but not more often than twice b) As soon as practicable (and in any 12-month periodevent within five (5) provide to Holder copies of the following documents within a reasonable time days after such request (but in all events only to the extent thatcompletion), and no sooner than the time that, such documents have been made available to the Company's stockholders ): (i) the Company's most recent audited annual financial statements or, if audited statements are not available, then the Company's unaudited annual financial statements as of the end of the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter such year, setting forth in comparative form the corresponding figures for the preceding fiscal year, and accompanied by an audit report and unqualified opinion of the independent certified public accountants of recognized national standing selected by Company's fiscal year since the date . (c) Copies of the annual financial statements delivered pursuant to clause 409(A) valuation reports, if any, within thirty (i30) above. Notwithstanding the preceding sentence, during any period in which the Company has outstanding a class days of publicly-traded securities or is for any reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, any Form 10-Qs and/or 8-Ks filed completion. (d) Upon request by the Company with the SEC since the date of such Form 10-KHolder, detailed capitalization tables (by round and any proxy statementsinvestor).

Rights as Shareholders; Information. Holder No Holder, as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed a the holder of Common Stock Series Preferred or any other securities of the Company which may at any time be issuable on upon the exercise or conversion hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised or converted and the Warrant Shares purchasable upon the exercise or conversion hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders and willshareholders. In addition, upon written request the Company agrees to provide in a timely manner any information reasonably requested by the Holder to enable the Holder and its affiliates to comply with their accounting reporting requirements. Notwithstanding the foregoing, prior to the effective date of the initial registration statement covering a Public Offering of Company’s securities, Company will provide Holder or successor the following information: (a) As soon as practicable (and in any event within thirty (30) days after the end of each quarter), unaudited financial statements for such month, certified by Company’s Chief Executive Officer or Chief Financial Officer to fairly present in all material respects the data reflected therein. (b) As soon as practicable (and in any event within two hundred thirty (230) days after the end of each fiscal year), audited financial statements for such year, setting forth in comparative form the corresponding figures for the preceding fiscal year, and accompanied by an audit report and unqualified opinion of the Company from time to time independent certified public accountants of recognized national standing selected by Company. (but not more often c) No later than twice in any 12-month periodthirty (30) provide to Holder copies days before the start of Company’s fiscal year, financial projections for the next fiscal year approved by Company’s Board of Directors. (d) Upon request by the Holder, the latest available stockholder or shareholder valuation report of the following documents within a reasonable time after such Company. (e) Upon request (but in all events only to by the extent thatHolder, and no sooner than the time that, such documents have been made latest available to summary of the Company's stockholders ): (i) the Company's most recent audited annual financial statements or’s equity capital account showing share classes, if audited statements are not availablenumber of shares outstanding in each share class, then the Company's unaudited annual financial statements common stock equivalents for each class, stock incentive plan amounts, amounts paid per share for each share class and valuation as of the end last round of financing. Holder agrees to hold non-public information received in confidence and shall not disclose such information to third parties except to its employees, members, partners or the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter of the Company's fiscal year since the date of the annual financial statements delivered pursuant to clause (i) above. Notwithstanding the preceding sentence, during any period in which the Company has outstanding a class of publicly-traded securities or is for any reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies partners of its most recent Form 10-K and annual reportaffiliated investment funds, any Form 10-Qs and/or 8-Ks filed by the Company with the SEC since the date of such Form 10-Ktheir lenders, and any proxy statementsprofessional advisors to the foregoing, including attorneys and accountants, and others under a similar duty of confidentiality, and as Holder may deem necessary in its reasonable judgment to satisfy its legal obligations or to enforce its rights under this Warrant.

Rights as Shareholders; Information. Holder No Holder, as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed a the holder of Common Applicable Stock or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised or converted and the Warrant Shares purchasable upon the exercise or conversion hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company concurrently with the distribution thereof to the shareholders and willshareholders. In addition, upon written request the Company agrees to provide in a timely manner any information reasonably requested by the Holder to enable the Holder and its affiliates to comply with their accounting reporting requirements. Prior to the effective date of an IPO, Company will also provide Holder the following information: (a) As soon as practicable (and in any event within thirty (30) days after the end of each quarter), unaudited financial statements for such quarter, certified by Company’s Chief Executive Officer or Chief Financial Officer to fairly present in all material respects the data reflected therein. (b) As soon as practicable (and in any event within one hundred twenty (120) days after the end of each fiscal year), audited financial statements for such year, setting forth in comparative form the corresponding figures for the preceding fiscal year, and accompanied by an audit report and unqualified opinion of the independent certified public accountants of recognized national standing selected by Company. (c) No later than thirty (30) days before the start of Company’s fiscal year, financial projections for the next fiscal year approved by Company’s Board of Directors. (d) Upon request by the Holder, the latest available stockholder or shareholder valuation report of the Company from time to time (but not more often than twice in any 12-month period) provide to Holder copies that provides the latest valuation of the following documents within a reasonable time after such request (but in all events only Company’s stock, which information shall be subject to the extent thatconfidentiality provisions set forth in Section 12.12 of the Loan Agreement. (e) Upon request by the Holder, and no sooner than the time that, such documents have been made latest available to summary of the Company's stockholders ): (i) the Company's most recent audited annual financial statements or’s equity capital account showing share classes, if audited statements are not availablenumber of shares outstanding in each share class, then the Company's unaudited annual financial statements common stock equivalents for each class, stock incentive plan amounts, amounts paid per share for each share class and valuation as of the end last round of the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter of the Company's fiscal year since the date of the annual financial statements delivered pursuant to clause (i) above. Notwithstanding the preceding sentence, during any period in which the Company has outstanding a class of publicly-traded securities or is for any reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, any Form 10-Qs and/or 8-Ks filed by the Company with the SEC since the date of such Form 10-K, and any proxy statementsfinancing.

Rights as Shareholders; Information. Holder No holder of this Warrant, as such, shall not be entitled to vote or receive dividends or be deemed a the holder of Common Stock or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon Holderthe holder of this Warrant, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised and the Warrant Shares purchasable upon the exercise hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to Holder the holder of this Warrant such information, documents and reports as are generally distributed to holders of any class or series of the securities shareholders of the Company concurrently with the distribution thereof to such shareholders, including without limitation the shareholders and willfollowing: (a) within 120 days after the end of each fiscal year of the Company, upon written request by Holder to the Chief Financial Officer an audited consolidated balance sheet of the Company from time to time (but not more often than twice in any 12-month period) provide to Holder copies of the following documents within a reasonable time after such request (but in all events only to the extent that, and no sooner than the time that, such documents have been made available to the Company's stockholders ): (i) the Company's most recent audited annual financial statements or, if audited statements are not available, then the Company's unaudited annual financial statements as of the end of such year and audited consolidated statements of income, shareholders' equity and changes in financial position for such year, which year-end financial reports shall be in reasonable detail and shall be accompanied by the opinion of the independent public accountants of recognized standing selected by the Company's most recently ended fiscal year , and (iib) unaudited quarterly financial statements for each quarter such other information, documents and reports as the holder of the Company's fiscal year since the date of the annual financial statements delivered pursuant this Warrant may reasonably request in order to clause (i) above. Notwithstanding the preceding sentence, during any period assist such holder in which the Company has outstanding a class of publicly-traded securities or is for any reason a reporting company determining whether to exercise its rights to acquire Shares under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, any Form 10-Qs and/or 8-Ks filed by the Company with the SEC since the date of such Form 10-K, and any proxy statementsthis Warrant.

Rights as Shareholders; Information. Holder No Holder, as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed a the holder of Common Applicable Stock or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised or converted and the Warrant Shares purchasable upon the exercise or conversion hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company of Applicable Stock that could be purchasable hereunder concurrently with the distribution thereof to such shareholders. In addition, the shareholders and will, upon written request Company agrees to provide in a timely manner any information reasonably requested by the Holder to enable the Holder and its affiliates to comply with their accounting reporting requirements. Prior to the effective date of an IPO, Company will also provide Holder the following information: (a) As soon as practicable (and in any event within thirty (30) days after the end of each quarter), unaudited financial statements for such quarter, certified by Company’s Chief Executive Officer or Chief Financial Officer to fairly present in all material respects the data reflected therein. (b) As soon as practicable (and in any event within 270 days for fiscal year 2017, 180 days for fiscal year 2018, and ninety (90) days after the end of each subsequent fiscal year), audited financial statements for such year, setting forth in comparative form the corresponding figures for the preceding fiscal year, and accompanied by an audit report and unqualified opinion of the Company from time to time independent certified public accountants of recognized national standing selected by Company. (but not more often c) No later than twice in any 12-month periodthirty (30) provide to Holder copies days before the start of Company’s fiscal year, financial projections for the next fiscal year approved by Company’s Board of Directors. (d) Upon request by the Holder, the latest available Section 409A valuation report by an independent third party valuation firm. (e) Upon request by the Holder, the latest available summary of the following documents within a reasonable time after such request (but Company’s equity capital account showing share classes, number of shares outstanding in all events only to the extent thateach share class, common stock equivalents for each class, stock incentive plan amounts, amounts paid per share for each share class and no sooner than the time that, such documents have been made available to the Company's stockholders ): (i) the Company's most recent audited annual financial statements or, if audited statements are not available, then the Company's unaudited annual financial statements valuation as of the end last round of the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter of the Company's fiscal year since the date of the annual financial statements delivered pursuant to clause (i) above. Notwithstanding the preceding sentence, during any period in which the Company has outstanding a class of publicly-traded securities or is for any reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, any Form 10-Qs and/or 8-Ks filed by the Company with the SEC since the date of such Form 10-K, and any proxy statementsfinancing.

Rights as Shareholders; Information. Holder No Holder, as a holder of this Warrant, shall not be entitled to vote or receive dividends or be deemed a the holder of Common Applicable Stock or any other securities of the Company which may at any time be issuable on the exercise hereof for any purpose, nor shall anything contained herein be construed to confer upon the Holder, as such, any of the rights of a shareholder of the Company or any right to vote for the election of directors or upon any matter submitted to shareholders at any meeting thereof, or to receive notice of meetings, or to receive dividends or subscription rights or otherwise until this Warrant shall have been exercised or converted and the Warrant Shares purchasable upon the exercise or conversion hereof shall have become deliverable, as provided herein. Notwithstanding the foregoing, the Company will transmit to the Holder such information, documents and reports as are generally distributed to the holders of any class or series of the securities of the Company of Applicable Stock that could be purchasable hereunder concurrently with the distribution thereof to such shareholders. In addition, the shareholders and will, upon written request Company agrees to provide in a timely manner any information reasonably requested by the Holder to enable the Holder and its affiliates to comply with their accounting reporting requirements. Prior to the effective date of an !PO, Company will also provide Holder the following information: (a) As soon as practicable (and in any event within thirty (30) days after the end of each quarter), unaudited financial statements for such quarter, certified by Company’s Chief Executive Officer or Chief Financial Officer to fairly present in all material respects the data reflected therein. (b) As soon as practicable (and in any event within 270 days for fiscal year 2017, 180 days for fiscal year 2018, and ninety (90) days after the end of each subsequent fiscal year), audited financial statements for such year, setting forth in comparative form the corresponding figures for the preceding fiscal year, and accompanied by an audit report and unqualified opinion of the Company from time to time independent certified public accountants of recognized national standing selected by Company. (but not more often c) No later than twice in any 12-month periodthirty (30) provide to Holder copies days before the start of Company’s fiscal year, financial projections for the next fiscal year approved by Company’s Board of Directors. (d) Upon request by the Holder, the latest available Section 409A valuation report by an independent third party valuation firm. (e) Upon request by the Holder, the latest available summary of the following documents within a reasonable time after such request (but Company’s equity capital account showing share classes, number of shares outstanding in all events only to the extent thateach share class, common stock equivalents for each class, stock incentive plan amounts, amounts paid per share for each share class and no sooner than the time that, such documents have been made available to the Company's stockholders ): (i) the Company's most recent audited annual financial statements or, if audited statements are not available, then the Company's unaudited annual financial statements valuation as of the end last round of the Company's most recently ended fiscal year and (ii) unaudited quarterly financial statements for each quarter of the Company's fiscal year since the date of the annual financial statements delivered pursuant to clause (i) above. Notwithstanding the preceding sentence, during any period in which the Company has outstanding a class of publicly-traded securities or is for any reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance to provide copies of its most recent Form 10-K and annual report, any Form 10-Qs and/or 8-Ks filed by the Company with the SEC since the date of such Form 10-K, and any proxy statementsfinancing.