Financial Statement Restatement. The restatement of any financial statements filed by Company for any date or period from two years prior to the Issue Date of this Note and until this Note is no longer outstanding, if the result of such restatement would, by comparison to the unrestated financial statements, have constituted a material adverse effect on Company, provided, however, that if any restatement of any financial statements is required to be filed by the Company as a result of, or in response to, any new or modified federal or state statute, law, rule or regulation, including any rules and regulations of the SEC, then such restatement of the Company’s financial statements shall not be an Event of Default.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Attitude Drinks Inc.), Asset Purchase Agreement (Attitude Drinks Inc.)