Examples of Form 10-K in a sentence
In addition, the Company may delay or suspend continued use of a Registration Statement or Prospectus in respect of a Registration or Underwritten Offering in order to file and make effective a post-effective amendment to such Registration Statement in connection with the filing of the Company’s Annual Report on Form 10-K.
The copies of the Fourth Amended and Restated Certificate of Incorporation and Amended and Restated Bylaws of the Company, as filed in the Company’s Annual Report on Form 10-K filed with the SEC on March 28, 2024, are true, correct and complete copies of such documents as in effect as of the date hereof.
The requirement to provide a certificate under this Section 7(l) shall be automatically waived for any Representation Date occurring at a time at which no Placement Notice is pending, which waiver shall continue until the earlier to occur of the date the Company delivers a Placement Notice hereunder (which for such calendar quarter shall be considered a Representation Date) and the next occurring Representation Date on which the Company files its annual report on Form 10-K.
The Company shall set forth in each Annual Report on Form 10-K and Quarterly Report on Form 10-Q filed by the Company with the Commission in respect of any quarter in which sales of Placement Shares were made by or through AGP under this Agreement, with regard to the relevant period, the amount of Placement Shares sold to or through AGP, the Net Proceeds to the Company and the compensation payable by the Company to AGP with respect to such sales of Placement Shares.
The Company made available to the Placement Agent copies of its most recent Annual Report on Form 10-K filed with the SEC and any other SEC Documents filed subsequent to the end of the fiscal period covered thereby and the Offering Documents (collectively, the “Disclosure Package”).