Common use of SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx Clause in Contracts

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19, 2019, together with any amendments, restatements or supplements thereto (collectively, the “SMMC SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”), and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 the light of the circumstances under which they were made, not misleading. Each director and executive officer of SMMC has filed with the SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange Act.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC NGA has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19, 2019its incorporation, together with any amendments, restatements or supplements thereto (collectively, the “SMMC NGA SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC NGA SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 not misleading, in the case of any NGA SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other NGA SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC Except as set for on Schedule 5.10, Purchaser has filed the Purchaser SEC Documents and all other forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19, 2019Purchaser’s incorporation, together with any amendments, restatements or supplements thereto (collectively, the “SMMC Purchaser SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC Purchaser SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”), as the case may be, and the rules and regulations promulgated thereunder, and (ii) did not, at the time they were filedfiled (except to the extent that information contained in any Purchaser SEC Reports has been revised or superseded by a later filed Purchaser SEC Report, or, if amended, as of then on the date of such amendment, filing) 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 the light of the circumstances under which they were made, not misleading. Each director and executive officer of SMMC has filed with the SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange Act.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC SPAC has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19August 30, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC SPAC SEC Reports”). SMMC SPAC has heretofore hereto furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC SPAC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC SPAC with the SEC and are currently in effect. As of their respective dates, the SMMC SPAC SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, in the case of any SPAC SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other SPAC SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC SPAC has filed or furnished, as applicable all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed or furnished by it with or to the Securities and Exchange Commission (the “SEC”) since June 19January 25, 20192022, together with any amendments, restatements or supplements thereto (collectively, the “SMMC SPAC SEC Reports”). SMMC SPAC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC SPAC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC SPAC with the SEC and are currently in effect. As of their respective dates, the SMMC SPAC SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act of 1933, as amended (the “Securities Act” ), the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 the light of the circumstances under which they were made, not misleading. Each director and executive officer of SMMC has filed with the SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange Act.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC LOKB has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19December 1, 20192020, together with any amendments, restatements or supplements thereto (collectively, the “SMMC LOKB SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC LOKB SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 not misleading, in the case of any LOKB SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other LOKB SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC CAH has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19January 26, 2019, 2021 together with any amendments, restatements or supplements thereto (collectively, the “SMMC CAH SEC Reports”). SMMC CAH has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC CAH with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC CAH with the SEC and are currently in effect. As of their respective dates, the SMMC CAH SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”), and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 the light of the circumstances under which they were made, not misleading. Each director and executive officer of SMMC CAH has filed with the SEC on a timely basis all documents required with respect to SMMC CAH by Section 16(a) of the Exchange Act.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC GX has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19May 20, 2019, together with any amendments, restatements or supplements thereto (collectively, the “SMMC GX SEC Reports”). SMMC GX has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC GX with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC GX with the SEC and are currently in effect. As of their respective dates, the SMMC GX SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”), and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 the light of the circumstances under which they were made, not misleading. Each director and executive officer of SMMC GX has filed with the SEC on a timely basis all documents required with respect to SMMC GX by Section 16(a) of the Exchange Act.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC SPAC has timely filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19December 17, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC SPAC SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC SPAC SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, in the case of any SPAC SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other SPAC SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC Acquiror has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) SEC since June 19May 13, 20192022, together with any amendments, restatements or supplements thereto (collectively, the “SMMC Acquiror SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC Acquiror SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 not misleading, in the case of any Acquiror SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other Acquiror SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC SPAC has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19July 8, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC SPAC SEC Reports”). SMMC SPAC has heretofore hereto furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC SPAC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC SPAC with the SEC and are currently in effect. As of their respective dates, the SMMC SPAC SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, in the case of any SPAC SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other SPAC SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC Acquiror has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) SEC since June 19December 2, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC Acquiror SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective filing dates, the SMMC Acquiror SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 not misleading, in the case of any Acquiror SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other Acquiror SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC GF has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) SEC since June 19July 8, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC GF SEC Reports”). SMMC GF has heretofore hereto furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC GF with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC GF with the SEC and are currently in effect. As of their respective dates, the SMMC GF SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, in the case of any GF SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other GF SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC Acquiror has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) SEC since June 19March 4, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC Acquiror SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective filing dates, the SMMC Acquiror SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 not misleading, in the case of any Acquiror SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other Acquiror SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC SPAC has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19January 7, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC SPAC SEC Reports”). SMMC SPAC has heretofore hereto furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC SPAC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC SPAC with the SEC and are currently in effect. As of their respective dates, the SMMC SPAC SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, in the case of any SPAC SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other SPAC SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC Switchback has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19July 25, 2019, together with any amendments, restatements or supplements thereto (collectively, the “SMMC Switchback SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC Switchback SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, 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 not misleading, in the case of any Switchback SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other Switchback SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.

SEC Filings; Financial Statements; Xxxxxxxx-Xxxxx. (a) SMMC SPAC has filed all forms, reports, schedules, statements and other documents, including any exhibits thereto, required to be filed by it with the Securities and Exchange Commission (the “SEC”) since June 19August 12, 20192021, together with any amendments, restatements or supplements thereto (collectively, the “SMMC SPAC SEC Reports”). SMMC has heretofore furnished to the Company true and correct copies of all material amendments and modifications that have not been filed by SMMC with the SEC to all agreements, documents and other instruments that previously had been filed by SMMC with the SEC and are currently in effect. As of their respective dates, the SMMC SPAC SEC Reports (i) complied in all material respects with the applicable requirements of the Securities Act, the Exchange Act and the Xxxxxxxx-Xxxxx Act of 2002 Act, and the rules and regulations promulgated thereunder (the “Xxxxxxxx-Xxxxx Act”)thereunder, and (ii) did not, at the time they were filed, or, if amended, as of the date of such amendment, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading, in the case of any SPAC SEC Report that is a registration statement, or include any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. Each director and executive officer , in the case of SMMC has filed with the any other SPAC SEC on a timely basis all documents required with respect to SMMC by Section 16(a) of the Exchange ActReport.