Common use of SEC Documents and Financial Statements Clause in Contracts

SEC Documents and Financial Statements. (a) Since July 8, 2020, the Company has timely filed with or furnished to (as applicable) the SEC all forms, reports, schedules, statements and other documents required by it to be filed or furnished (as applicable) under the Exchange Act or the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the “Securities Act”) (together with all certifications required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)) (such forms, reports, schedules, statements and documents and any other forms, reports, schedules, statements and documents filed by the Company with the SEC, as have been amended or modified since the time of filing, collectively, the “SEC Documents”). As of their respective filing dates and except to the extent corrected by a subsequent SEC Document, the SEC Documents (i) did not contain, when filed or furnished, any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading in any material respect, and (ii) complied in all material respects with the applicable requirements of the Exchange Act or the Securities Act, as the case may be, the Xxxxxxxx-Xxxxx Act and the applicable rules and regulations of the SEC thereunder.

SEC Documents and Financial Statements. (ai) Since July 8, 2020, the The Company has timely filed with or furnished to (as applicable) the SEC all forms, reports, schedules, statements and other documents required by it to be filed or furnished (as applicable) under the Exchange Act or the Securities Act of 1933all forms, as amended, and the rules and regulations promulgated thereunder (the “Securities Act”) (together with all certifications required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)) (such formsdocuments, reports, schedules, statements and documents and certifications, together with any other formsamendments required to be made with respect thereto, reports, schedules, statements and documents required to be filed or furnished by the Company it with the SECSEC since September 30, 2009 (as have been amended or modified since through the time of filing, collectivelydate hereof, the “SEC Documents”). As of their respective filing dates and except dates, or, if amended prior to the extent corrected by a subsequent SEC Documentdate hereof, as of the date of the last such amendment prior to the date hereof, the SEC Documents complied in all material respects with the requirements of the Securities Act of 1933 (ithe “Securities Act”) did not containand the Exchange Act, when filed or furnishedas the case may be, and the applicable rules and regulations promulgated thereunder, and none of the SEC Documents contained any untrue statement of a material fact or omit omitted to state a any material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading in any material respect, and (ii) complied in all material respects with the applicable requirements misleading. As of the Exchange Act date of this Agreement, there are no outstanding or unresolved comments in comment letters received from the Securities Act, as the case may be, the Xxxxxxxx-Xxxxx Act and the applicable rules and regulations staff of the SEC thereunderSEC.

SEC Documents and Financial Statements. (a) Since July 8, 2020, the Company Issuer has timely filed with or furnished to the United States Securities and Exchange Commission (as applicablethe "Commission") the SEC all forms, reports, schedules, statements and other documents required by it to be filed or furnished (as applicable) by it since August 5, 1997 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder amended (the “"Securities Act”) (together with all certifications required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)") (such forms, reports, schedules, statements and documents and any other forms, reports, schedules, statements and documents filed by the Company with the SECdocuments, as have been supplemented and amended or modified since the time of filing, collectively, the “"SEC Documents”"). As The SEC Documents, including, without limitation, any financial statements or schedules included therein, at the time filed (and, in the case of their respective filing registration statements, on the dates and except to the extent corrected by a subsequent SEC Document, the SEC Documents of effectiveness) (ia) did not contain, when filed or furnished, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading in any material respectmisleading, and (iib) complied in all material respects with the applicable requirements of the Exchange Act or and the Securities Act, as the case may be. The financial statements of Issuer included in the SEC Documents at the time filed (and, in the Xxxxxxxx-Xxxxx Act case of registration statements, on the dates of effectiveness) complied as to form in all material respects with applicable accounting requirements and with the applicable published rules and regulations of the SEC thereunder.Commission with respect thereto, were prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may

SEC Documents and Financial Statements. (a) Since July 8January 1, 20202018, the Company has timely (including following any extensions of time for filing provided by Rule 12b-25 promulgated under the Exchange Act) filed with or furnished to (as applicable) the SEC all forms, reports, schedules, statements and other documents required by it to be filed or furnished (as applicable) under the Exchange Act or the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the “Securities Act”) (together with all certifications required pursuant to the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”)) (such forms, reports, schedules, statements and documents and any other forms, reports, schedules, statements and documents filed by the Company with the SEC, as have been amended or modified since the time of filing, collectively, the “SEC Documents”). As of their respective filing dates and except to the extent corrected by a subsequent SEC Document, the SEC Documents (i) did not contain, when filed or furnished, any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading in any material respect, and (ii) complied were prepared in accordance with, in all material respects with respects, the applicable requirements of the Exchange Act or the Securities Act, as the case may be, the Xxxxxxxx-Xxxxx Act and the applicable rules and regulations of the SEC thereunder.

SEC Documents and Financial Statements. (a) Since July 8, 2020, the Company has timely filed with or furnished to (as applicable) the SEC all forms, reports, schedules, statements and other documents required by it to be filed or furnished (as applicable) under the Exchange Act or the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder (the “Securities Act”) (together with all certifications required pursuant to the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002 (the “XxxxxxxxSxxxxxxx-Xxxxx Act”)) (such forms, reports, schedules, statements and documents and any other forms, reports, schedules, statements and documents filed by the Company with the SEC, as have been amended or modified since the time of filing, collectively, the “SEC Documents”). As of their respective filing dates and except to the extent corrected by a subsequent SEC Document, the SEC Documents (i) did not contain, when filed or furnished, any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading in any material respect, and (ii) complied in all material respects with the applicable requirements of the Exchange Act or the Securities Act, as the case may be, the XxxxxxxxSxxxxxxx-Xxxxx Act and the applicable rules and regulations of the SEC thereunder.