SEC Filings

10-K
AUDENTES THERAPEUTICS, INC. filed this Form 10-K on 03/13/2017
Entire Document
 

 

(b)as soon as practicable (and in any event within 45 days) after the end of each calendar quarter, unaudited interim and year-to-date financial statements as of the end of such calendar quarter (prepared on a consolidated and consolidating basis, if applicable), including balance sheet and related statements of income and cash flows;

(c)as soon as practicable (and in any event within ninety (90) days) after the end of each fiscal year, unqualified audited financial statements as of the end of such year (prepared on a consolidated and consolidating basis, if applicable), including balance sheet and related statements of income and cash flows, and setting forth in comparative form the corresponding figures for the preceding fiscal year, certified by a firm of independent certified public accountants selected by Borrower and reasonably acceptable to Agent, accompanied by any management report from such accountants;

(d)as soon as practicable (and in any event within 30 days) after the end of each month, a Compliance Certificate in the form of Exhibit F;

(e)as soon as practicable (and in any event within 30 days) after the end of each month, a report showing agings of accounts payable;

(f)promptly after the sending or filing thereof, as the case may be, copies of any proxy statements, financial statements or reports that Borrower has made available to holders of its Preferred Stock and within 30 days of the filing thereof, copies of any regular, periodic and special reports or registration statements that Borrower files with the Securities and Exchange Commission or any governmental authority that may be substituted therefor, or any national securities exchange;

(g)within 30 days following the preparation of minutes of any meeting of the Board of Directors, and in no case more than 45 days following such meeting, or with respect to unanimous consents within 30 days after issuance of such consents, copies of all notices, consents, minutes of such meeting and other materials that Borrower provided to its directors in connection with such meeting of or action by Borrower’s Board of Directors, provided that in all cases Borrower may exclude confidential compensation information, information protected by attorney-client privilege or highly confidential proprietary information; and

(h)financial and business projections promptly following their approval by Borrower’s Board of Directors, and in any event, within 30 days after approval by Borrower’s Board of Directors, as well as budgets, operating plans and other financial information reasonably requested by Agent.

Notwithstanding the above, Borrower shall not be required to deliver the items described in subsections (a) and (e) above until such time as Borrower receives the first Tranche 1 Term Loan Advance.

Borrower shall not make any change in its accounting policies or reporting practices, except as required by GAAP; if Borrower makes any changes to its fiscal quarters or fiscal year end of December 31, Borrower shall promptly notify Agent of such changes.  .

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