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efta-efta01202696DOJ Data Set 9OtherFrom: John Murphy
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DOJ Data Set 9
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efta-efta01202696
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From: John Murphy
To: "Catherine Lcvene"
(
1"
Subject: FW: information to Ser Et
Date: Mon. 04 Aug 2014 14:28:40 +0000
Wine-Images: image001.png
Hi Catherine,
In reviewing the Series B rights see sections below - do we deliver these to the investors?
Do you have Statements of Cash Flows that I can look at for 2011, 2012, 2013 and YID 2014?
Regards,
John.
Artspace Series B Investor Rights Agreement.pdf
Download •
Ida* s shares without limitation during a
(b)
the 5i° anniversary of the QPO
3.
Information_ and Observer Rights.
3.1
Delivery of Financial Statements. The Company shall deliver to each
Major Investor:
(a)
as soon as practicable, but in any event within one hundred
twenty (120) days after the end of each fiscal year of the Company, (i) a balance sheet as of the
end of such year. (ii) statements of income and of cash flows for such year and (iii) a statement
of stockholders' equity as of the end of such year, all such financial statements audited and
certified by independent public accountants of nationally recognized standing selected by the
Company;
(b)
as soon as practicable, but in any event within forty-five (45)
days after the end of each of the first three (3) quarters of each fiscal year of the Company,
unaudited statements of income and of cash flows for such fiscal quarter, and an unaudited
balance sheet as of the end of such fiscal quarter, all prepared in accordance with GAAP (except
that such financial statements may (i) be subject to normal year-end audit adjustments and
(ii) not contain all notes thereto that may be required in accordance with GAAP);
(c)
as soon as practicable, but in any event within thirty (30) days of
the end of each month, an unaudited income statement for such month, and an unaudited balance
sheet as of the end of such month, all prepared in accordance with GAAP (except that such
financial statements may (i) be subject to normal year-end audit adjustments and (U) not contain
all notes thereto that may be required in accordance with GAAP); and
(d)
as soon as practicable, but in any event thirty (30) days before the
end of each fiscal year, a budget and business plan for the next fiscal year (collectively, the
"Budget*), prepared on a monthly basis, including balance sheets, income statements, and
statements of cash flow for such months and, promptly after prepared, any other budgets or
revised budgets prepared by the Company.
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