Common use of SEC Filings; Financial Information Clause in Contracts

SEC Filings; Financial Information. (a) Pubco has filed with the SEC each report, statement, schedule or registration statement or other filing required by applicable Law to be filed by Pubco at or prior to the time so required since January 1, 2019 (the “Pubco SEC Filings”). As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), each Pubco SEC Filing complied as to form in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), no Pubco SEC Filing filed pursuant to the Exchange Act contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, in each case after taking into account any amendments and supplements to correct any untrue statements or omissions. No Pubco SEC Filing that is a registration statement, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as of the date such registration statement or amendment became effective, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) Each of the consolidated financial statements (including, in each case, any notes thereto) contained (or incorporated by reference) in the Pubco SEC Filings (i) present fairly, in all material respects, the combined financial position of the Pubco Entities as of the dates thereof and the results of operations and cash flows of the Pubco Entities for the periods covered thereby (subject, in the case of unaudited statements, to normal and recurring year-end adjustments that have not had, and would not, individually or in the aggregate, reasonably be expected to have, a Pubco Material Adverse Effect); and (ii) were prepared in accordance with GAAP as applied by Pubco (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the SEC). (c) Pubco has timely filed all certifications and statements required by (i) Rule 13a-14 or Rule 15d-14 under the Exchange Act; or (ii) 18 U.S.C. Section 1350 (Section 906 of the Xxxxxxxx-Xxxxx Act of 2002) with respect to all applicable Pubco SEC Documents. Pubco maintains a system of internal accounting controls designed to provide reasonable assurance that: (a) transactions are executed in accordance with management’s general or specific authorizations; (b) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (c) access to property is permitted only in accordance with management’s general or specific authorization; and (d) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

SEC Filings; Financial Information. (a) Pubco has filed Seller is a publicly traded company that is listed on The NASDAQ Global Market under the ticker symbol “LNET” and files reports, registration and proxy statements and other information with the SEC each reporton its EXXXX System, statement, schedule or registration statement or other filing required by applicable Law all of which are available to be filed by Pubco Buyer over the internet at or prior to the time so required since SEC’s web site at hxxx://xxx.xxx.xxx. (b) Since January 1, 2019 2006, Seller has filed in a timely manner all required reports, schedules, forms, statements, and other documents with the SEC that Seller was required to file under Section 13, 14(a), and 15(d) of the Exchange Act (the “Pubco SEC Filings”). As of its their respective filing date dates, (or, if amended or superseded by a filing prior to i) the date hereof, on the date of such filing), each Pubco SEC Filing Filings complied as to form in all material respects with the applicable requirements of the Securities Act or the Exchange Act, as the Exchange Act case may be and the Xxxxxxxx-Xxxxx Act. As rules and regulations of its filing date the SEC promulgated thereunder applicable to such SEC Filings, and (or, if amended or superseded by a filing prior to ii) none of the date hereof, on the date of such filing), no Pubco SEC Filing filed pursuant to the Exchange Act Filings contained any untrue statement of a material fact or omitted to state any 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, . Except to the extent that information contained in each case after taking into account any amendments and supplements to correct any untrue statements or omissions. No Pubco SEC Filing that is has been revised or superseded by a registration statementlater filed SEC Filing, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as none of the date such registration statement or amendment became effective, contained SEC Filings contains any untrue statement of a material fact or omitted omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (bc) Each of the consolidated The financial statements (including, in each case, any notes thereto) information for Seller and its subsidiaries contained (or incorporated by reference) in the Pubco SEC Filings (i) fairly present fairly, in all material respects, the combined financial position of the Pubco Entities as of the dates thereof and for the periods then ended, the financial position and results of operations of Seller and cash flows of the Pubco Entities for the periods covered thereby its consolidated subsidiaries in conformity with GAAP (subject, except as indicated in the case of unaudited statementsnotes thereto), subject to normal and recurring year-end adjustments (that have are not hadmaterial, and would not, either individually or in the aggregate, reasonably be expected to have, a Pubco Material Adverse Effect); and (ii) were prepared in accordance with GAAP as applied by Pubco (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the SEC). (c) Pubco has timely filed all certifications and statements required by (i) Rule 13a-14 or Rule 15d-14 under the Exchange Act; or (ii) 18 U.S.C. Section 1350 (Section 906 of the Xxxxxxxx-Xxxxx Act of 2002) with respect to all applicable Pubco unaudited financial statements. Except as set forth in the SEC Documents. Pubco maintains Filings, neither Seller nor any of its subsidiaries has any material liabilities or obligations of any nature (whether accrued, absolute, contingent or otherwise) required by GAAP to be set forth on a system consolidated balance sheet of internal accounting controls designed to provide reasonable assurance that: (a) transactions are executed Seller and its consolidated subsidiaries or in accordance with management’s general or specific authorizations; (b) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (c) access to property is permitted only in accordance with management’s general or specific authorization; and (d) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differencesnotes thereto.

SEC Filings; Financial Information. (a) Pubco RMT Partner has filed all reports, schedules, forms, statements and other documents with the SEC each report, statement, schedule or registration statement or other filing required by applicable Law to be filed by Pubco at or prior to the time so required RMT Partner since January 1, 2019 2007 (the “Pubco RMT Partner SEC FilingsDocuments”). As of its their respective dates of filing date (or, if amended or superseded by a filing prior to the date hereofof this Agreement, then on the date of such filing), each Pubco the RMT Partner SEC Filing Documents complied as to form in all material respects with the applicable requirements of the Securities Act or the Exchange Act, as the Exchange Act case may be, and the Xxxxxxxx-Xxxxx Act. As rules and regulations of its filing date (orthe SEC promulgated thereunder applicable thereto, if amended or superseded by a filing prior to and none of the date hereof, on the date of such filing), no Pubco RMT Partner SEC Filing filed pursuant to the Exchange Act Documents contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, in each case after taking into account any amendments and supplements to correct any untrue statements or omissions. No Pubco SEC Filing that is a registration statement, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as of the date such registration statement or amendment became effective, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) Each of The audited consolidated financial statements and the consolidated unaudited quarterly financial statements (including, in each case, any the notes thereto) contained (or incorporated by reference) of RMT Partner included in the Pubco RMT Partner SEC Filings (i) present fairly, Documents when filed complied as to form in all material respectsrespects with the published rules and regulations of the SEC with respect thereto, have been prepared in all material respects in accordance with GAAP (except, in the combined case of unaudited quarterly statements, as permitted by Form 10-Q of the SEC or other rules and regulations of the SEC) applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present in all material respects the consolidated financial position of the Pubco Entities RMT Partner and its consolidated subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows of the Pubco Entities for the periods covered thereby then ended (subject, in the case of unaudited quarterly statements, to normal and recurring year-end adjustments adjustments). (c) Except for matters reflected or reserved against in the latest quarterly consolidated balance sheet of RMT Partner included in the RMT Partner SEC Documents (or the notes thereto) included in the RMT Partner SEC Documents filed with the SEC prior to the date of this Agreement, neither RMT Partner nor any of its subsidiaries has any liabilities or obligations (whether absolute, accrued, contingent, fixed or otherwise) of any nature that have not hadwould be required under GAAP, as in effect on the date of this Agreement, to be reflected on a consolidated balance sheet of RMT Partner (including the notes thereto), except liabilities and obligations that (i) were incurred since the date of such latest quarterly consolidated balance sheet in the ordinary course of business, (ii) are incurred in connection with the transactions contemplated by this Agreement or (iii) would not, individually or in the aggregate, reasonably be expected to have, a Pubco have an RMT Partner Material Adverse Effect); and (ii) were prepared in accordance with GAAP as applied by Pubco (except as may be indicated in the notes thereto or, in the case of unaudited statements. To RMT Partner’s Knowledge, as permitted by Form 10-Q of the SEC). (c) Pubco has timely filed all certifications and statements required by (i) Rule 13a-14 or Rule 15d-14 under the Exchange Act; or (ii) 18 U.S.C. Section 1350 (Section 906 date of this Agreement none of the Xxxxxxxx-Xxxxx Act RMT Partner SEC Documents is the subject of 2002) with respect to all applicable Pubco ongoing SEC Documents. Pubco maintains a system of internal accounting controls designed to provide reasonable assurance that: (a) transactions are executed in accordance with management’s general review, outstanding SEC comments or specific authorizations; (b) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (c) access to property is permitted only in accordance with management’s general or specific authorization; and (d) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differencesoutstanding SEC investigation.

SEC Filings; Financial Information. (a) Pubco ISC has filed with the SEC each reportall forms, statement, schedule or registration statement or other filing reports and documents required by applicable Law to be filed by Pubco at or prior to it with the time so required SEC since January 1, 2019 (the “Pubco SEC Filings”). As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on 1995 though the date of such filingthis Agreement (collectively, the "ISC SEC Reports"), each Pubco . The ISC SEC Filing complied as to form Reports (i) were prepared in all material respects accordance with the applicable requirements of the Securities Act, or the Exchange Act Act, as the case may be, and (ii) did not at the Xxxxxxxx-Xxxxx Act. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), no Pubco SEC Filing time they were filed pursuant to the Exchange Act contained contain any untrue statement of a material fact or omitted omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, in each case after taking into account any amendments and supplements to correct any untrue statements or omissions. No Pubco SEC Filing that is a registration statement, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as of the date such registration statement or amendment became effective, contained any untrue statement of a material fact or omitted to state 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. (b) Each of the consolidated financial statements (including, in each case, any notes thereto) contained (or incorporated by reference) in the Pubco ISC SEC Filings Reports was prepared in accordance with U.S. GAAP applied on a consistent basis throughout the periods indicated (iexcept as may be indicated in the notes thereto) present and each presented fairly, in all material respects, the combined consolidated financial position of ISC and its consolidated Subsidiaries as at the Pubco Entities as of the respective dates thereof and the results of operations and cash flows of the Pubco Entities for the respective periods covered thereby indicated therein except as otherwise noted therein (subject, in the case of unaudited statements, to normal and recurring year-end adjustments that have not had, and would not, individually or in the aggregate, reasonably be expected to have, a Pubco Material Adverse Effect); and (ii) were prepared in accordance with GAAP as applied by Pubco (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the SECadjustments). (c) Pubco has timely filed all certifications The books of account and statements required by other financial records of ISC, the Subsidiaries and the Ventures (i) Rule 13a-14 or Rule 15d-14 under reflect all items of income and expense and all Assets and Liabilities required to be reflected therein in accordance with U.S. GAAP applied on a basis consistent with the Exchange Act; or past practices of ISC, the Subsidiaries and the Ventures, respectively, and (ii) 18 U.S.C. Section 1350 (Section 906 of the Xxxxxxxx-Xxxxx Act of 2002) with respect to are in all applicable Pubco SEC Documents. Pubco maintains a system of internal accounting controls designed to provide reasonable assurance that: (a) transactions are executed in accordance with management’s general material respects complete and correct, and do not contain or specific authorizations; (b) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (c) access to property is permitted only in accordance with management’s general reflect any material inaccuracies or specific authorization; and (d) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differencesdiscrepancies.

SEC Filings; Financial Information. (a) Pubco The Company has filed with the SEC Commission each report, statement, schedule or registration statement or other filing required by applicable Law to be filed by Pubco the Company at or prior to the time so required since January 1, 2019 (the “Pubco SEC Filings”). As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), each Pubco SEC Filing complied as to form in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), no Pubco SEC Filing filed pursuant to the Exchange Act contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, in each case after taking into account any amendments and supplements to correct any untrue statements or omissions. No Pubco SEC Filing that is a registration statement, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as of the date such registration statement or amendment became effective, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) Each of the consolidated financial statements (including, in each case, any notes thereto) contained (or incorporated by reference) in the Pubco SEC Filings (i) present fairly, in all material respects, the combined financial position of the Pubco Entities Company and its Subsidiaries as of the dates thereof and the results of operations and cash flows of the Pubco Entities Company and its Subsidiaries for the periods covered thereby (subject, in the case of unaudited statements, to normal and recurring year-end adjustments that have not had, and would not, individually or in the aggregate, reasonably be expected to have, a Pubco Material Adverse Effect); and (ii) were prepared in accordance with GAAP as applied by Pubco the Company (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the SECCommission). (c) Pubco The Company has timely filed all certifications and statements required by (i) Rule 13a-14 or Rule 15d-14 under the Exchange Act; or (ii) 18 U.S.C. Section 1350 (Section 906 of the Xxxxxxxx-Xxxxx Act of 2002) with respect to all applicable Pubco SEC DocumentsFilings. Pubco The Company maintains a system of internal accounting controls designed to provide reasonable assurance that: (a) transactions are executed in accordance with management’s general or specific authorizations; (b) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability; (c) access to property is permitted only in accordance with management’s general or specific authorization; and (d) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences.

SEC Filings; Financial Information. (a) Pubco SPAC has made available to Florida complete and correct copies of the SPAC SEC Documents. Since August 20, 2020, SPAC has filed with the SEC each report, statement, schedule or registration statement or other filing required by applicable Law to be filed by Pubco SPAC at or prior to the time so required since January 1, 2019 (the “Pubco SEC Filings”)required. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), each Pubco SPAC SEC Filing Document complied as to form in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), no Pubco SPAC SEC Filing Document filed pursuant to the Exchange Act contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, in each case after taking into account any amendments and supplements to correct any untrue statements or omissions. No Pubco SPAC SEC Filing Document that is a registration statement, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as of the date such registration statement or amendment became effective, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) Each of the consolidated financial statements (including, in each case, any notes thereto) contained (or incorporated by reference) in the Pubco SPAC SEC Filings Documents (i) present fairly, in all material respects, the combined financial position of the Pubco SPAC Entities as of the dates thereof and the results of operations and cash flows of the Pubco SPAC Entities for the periods covered thereby (subject, in the case of unaudited statements, to normal and recurring year-end adjustments that have not had, and would not, individually or in the aggregate, reasonably be expected to have, a Pubco SPAC Material Adverse Effect); and (ii) were prepared in accordance with GAAP as applied by Pubco SPAC (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the SEC). (c) Pubco SPAC has timely filed all certifications and statements required by (i) Rule 13a-14 or Rule 15d-14 under the Exchange Act; or (ii) 18 U.S.C. Section 1350 (Section 906 of the Xxxxxxxx-Xxxxx Act of 2002) with respect to all applicable Pubco SPAC SEC Documents. Pubco SPAC maintains disclosure controls and procedures required by Rule 13a-15 or Rule 15d-15 under the Exchange Act; such controls and procedures are effective to ensure that all material information concerning the SPAC Entities is made known on a timely basis to the individuals responsible for the preparation of SPAC’s SEC filings and other public disclosure documents. As used in this Section 5.06(c), the term “filed” shall be broadly construed to include any manner in which a document or information is furnished, supplied or otherwise made available to the SEC. Neither SPAC (including any employee thereof) nor SPAC’s independent auditor has identified or been made aware of (i) any significant deficiency or material weakness in the system of internal accounting controls utilized by SPAC, (ii) any fraud, whether or not material, that involves SPAC’s management or other employees who have a role in the preparation of financial statements or the internal accounting controls utilized by SPAC or (iii) any claim or allegation regarding any of the foregoing. (d) SPAC maintains, and has maintained, a standard system of accounting established and administered in accordance with GAAP applied on a consistent basis. The SPAC Entities maintain a system of internal accounting controls designed sufficient to provide reasonable assurance that: that (ai) transactions are executed in accordance with management’s general or specific authorizations; (bii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP applied on a consistent basis and to maintain asset accountabilityaccountability for assets; (ciii) access to property assets is permitted only in accordance with management’s general or specific authorizationauthorizations; and (div) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. (e) Assuming the accuracy of the representations and warranties of Florida in ARTICLE IV, upon the consummation of the transactions contemplated by this Agreement and the Ancillary Agreements, to the Knowledge of SPAC: (i) SPAC will not be insolvent; (ii) SPAC will not be left with unreasonably small capital for the operation of the business in which it is engaged or will be engaged following the Closing; and (iii) SPAC will not have incurred debts or other Liabilities beyond its ability to pay such debts or other Liabilities as they mature.

SEC Filings; Financial Information. (a) Pubco Parent has made available to Citrix complete and correct copies of the Parent SEC Documents. Since January 1, 2013, Parent has filed with the SEC each report, statement, schedule or registration statement or other filing required by applicable Law to be filed by Pubco Parent at or prior to the time so required since January 1, 2019 (the “Pubco SEC Filings”)required. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), each Pubco Parent SEC Filing Document complied as to form in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act. As of its filing date (or, if amended or superseded by a filing prior to the date hereof, on the date of such filing), no Pubco Parent SEC Filing Document filed pursuant to the Exchange Act contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading, in each case after taking into account any amendments and supplements to correct any untrue statements or omissions. No Pubco Parent SEC Filing Document that is a registration statement, as amended or supplemented, if applicable, filed pursuant to the Securities Act, as of the date such registration statement or amendment became effective, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (b) Each of the consolidated financial statements (including, in each case, any notes thereto) contained (or incorporated by reference) in the Pubco Parent SEC Filings Documents (i) present fairly, in all material respects, the combined financial position of the Pubco Entities Parent and its Subsidiaries as of the dates thereof and the results of operations and cash flows of the Pubco Entities Parent and its Subsidiaries for the periods covered thereby (subject, in the case of unaudited statements, to normal and recurring year-end adjustments that which have not had, and would not, individually or in the aggregate, reasonably be expected to not have, a Pubco Parent Material Adverse Effect); and (ii) were prepared in accordance with GAAP as applied by Pubco Parent (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q of the SEC). (c) Pubco Parent has timely filed all certifications and statements required by (i) Rule 13a-14 or Rule 15d-14 under the Exchange Act; or (ii) 18 U.S.C. Section 1350 (Section 906 of the Xxxxxxxx-Xxxxx Act of 2002) with respect to all applicable Pubco Parent SEC Documents. Pubco Parent maintains disclosure controls and procedures required by Rule 13a-15 or Rule 15d-15 under the Exchange Act; such controls and procedures are effective to ensure that all material information concerning Parent and its Subsidiaries is made known on a timely basis to the individuals responsible for the preparation of Parent’s SEC filings and other public disclosure documents. As used in this Section 5.05(c), the term “filed” shall be broadly construed to include any manner in which a document or information is furnished, supplied or otherwise made available to the SEC. There were no significant deficiencies or material weaknesses identified in management’s assessment of internal control over financial reporting as of and for the year ended December 31, 2015 (nor has any such deficiency or weakness been identified as of the date hereof). (d) Parent maintains, and has maintained, a standard system of accounting established and administered in accordance with GAAP applied on a consistent basis. Parent and its Subsidiaries maintain a system of internal accounting controls designed sufficient to provide reasonable assurance that: that (ai) transactions are executed in accordance with management’s general or specific authorizations; (bii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP applied on a consistent basis and to maintain asset accountabilityaccountability for assets; (ciii) access to property assets is permitted only in accordance with management’s general or specific authorizationauthorizations; and (div) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. (e) Upon the consummation of the transactions contemplated by this Agreement, the Separation Agreement, the Loan Agreement and the Ancillary Agreements, (i) Parent will not be insolvent; (ii) Parent will not be left with unreasonably small capital; (iii) Parent will not have incurred debts or other Liabilities beyond its ability to pay such debts or other Liabilities as they mature; and (iv) the capital of Parent will not be impaired.