SEC Financial Statements. The Shareholders shall have delivered (i) consolidated, audited balance sheets of the Company and its Subsidiaries as of the end of the two most recent fiscal years, (ii) a consolidated, unaudited balance sheet as of the end of the most recent quarter preceding the Closing, (iii) consolidated, audited statements of income and cash flows for each of the three fiscal years preceding the Closing, and (iv) consolidated, unaudited statements of income and cash flows for the interim period between the latest audited balance sheet date and the date of the balance sheet being provided pursuant to clause (ii), in each case meeting the requirements of the SEC that would be applicable to the Company as if its securities were registered under Section 12 of the SECURITIES AND EXCHANGE ACT OF 1934, as amended (collectively, the "SEC FINANCIAL STATEMENTS").
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (Exfo Electro Optical Engineering Inc)