Financial and Other Information. Keep adequate records and books of account with respect to its business activities, in which proper entries are made in accordance with GAAP reflecting all financial transactions; and furnish to Agent, except with respect to such information that is available to the public by disclosures required by the SEC:

Release of Financial Information. A copy of the Company’s annual report to shareholders shall be delivered to each Optionee and Grantee at the time such report is distributed to the Company’s shareholders. Upon request the Company shall furnish to each Optionee and Grantee a copy of its most recent annual report and each quarterly report and current report filed under the Exchange Act, since the end of the Company’s prior fiscal year.

Each Borrower and Guarantor shall, and shall cause any Subsidiary to, keep proper books and records of all financial transactions and matters involving the assets and the business of such Borrower, Guarantor and its Subsidiaries in accordance with GAAP. Borrowers and Guarantors shall furnish to Administrative Agent and Lenders within a reasonable time all such financial and other information as Administrative Agent shall reasonably request relating to the Collateral and the assets, business and operations of Borrowers and Guarantors, and Borrower shall notify the auditors and accountants of Borrowers and Guarantors that Administrative Agent is authorized to obtain such information directly from them; provided, that, so long as no Default or Event of Default shall exist or have occurred and be continuing, Administrative Agent shall not exercise its right under this [Section 9.6] to contact the accountants and auditors directly to obtain information from them not relating to the Collateral without the prior approval of Lead Borrower, which approval shall not be unreasonably withheld, conditioned or delayed. Without limiting the foregoing, Borrowers and Guarantors shall furnish or cause to be furnished to Administrative Agent, the following:

Financial Statements and Other Information. Promptly deliver to the ​ # within sixty (60) days after the end of each of its first three fiscal quarters, an internally prepared financial statement of the [[Organization A:Organization]] and each subsidiary as of the end of such quarter, which financial statement shall consist of income and cash flows for the quarter, for the corresponding quarter in the previous fiscal year and for the period from the end of the previous fiscal year, with a consolidating and consolidated balance sheet as of the fiscal quarter end all in such detail as the ​ may request; # within one hundred twenty (120) days after the end of each fiscal year, internally prepared consolidating and consolidated statements of the [[Organization A:Organization]]’s and each Subsidiary’s income and cash flows and its consolidating and consolidated balance sheet as of the end of such fiscal year, setting forth comparative figures for the preceding fiscal year; all such statements shall be certified by the [[Organization A:Organization]]’s chief financial officer to be correct and in accordance with the [[Organization A:Organization]]’s and each Subsidiary’s records and to present fairly the results of the [[Organization A:Organization]]’s and each Subsidiary’s operations and cash flows and its financial position at year end; and # with each of the financial statements set forth above in clauses (i) and (ii) statement of income, a certificate executed by the [[Organization A:Organization]]’s chief executive or chief financial officers or other such person responsible for the financial management of the [[Organization A:Organization]] # setting forth the computations required to establish the [[Organization A:Organization]]’s compliance with each financial covenant, if any, during the statement period, # stating that the signer of the certificate has reviewed this Agreement and the operations and condition (financial or other) of the [[Organization A:Organization]] and each of its Subsidiaries during the relevant period and # stating that no Event of Default occurred during the period, or if an Event of Default did occur, describing its nature, the date(s) of its occurrence or period of existence and what action the [[Organization A:Organization]] has taken with respect thereto; and # prior to December 31 of each year, [[Organization A:Organization]]’s operating and capital budgets for the succeeding year. The [[Organization A:Organization]] shall also promptly provide the ​ with copies of all annual reports, proxy statements and similar information distributed to shareholders, partners or members, and copies of all filings with the Securities and Exchange Commission and the Pension Benefit Guaranty Corporation, and shall provide, in form satisfactory to the ​, such additional information, reports or other information as the ​ may from time to time reasonably request regarding the financial and business affairs of the [[Organization A:Organization]] or any Subsidiary. If the [[Organization A:Organization]] is an individual, the [[Organization A:Organization]] shall provide annually a personal financial statement in form and detail acceptable to the ​ and such other financial information as the ​ may from time to time reasonably request. Promptly upon the request of the ​ from time to time, [[Organization A:Organization]] shall supply all additional information requested and permit the ​’s

Financial Statements and Other Information. The Company shall deliver to each Investor, or any authorized representative thereof, so long as # such Investor shall own an aggregate of at least ten percent (10%) of the Shares (including shares of the Common Stock into which such Shares shall have been converted) originally purchased by such Investor, and # at least an aggregate of twenty percent (20%) of the Shares (including shares of the Common Stock into which such Shares shall have been converted) are outstanding at such time:

Except as set forth herein, all of the Company’s SEC reports, at the time filed (or if amended prior to the date hereof, when so amended), complied as to form in all material respects with the requirements of the Securities Act and the Exchange Act applicable to such Company SEC reports and did not at the time they were filed (or if amended prior to the date hereof, when so amended) contain any untrue statement of a material fact or omit to state a material fact required to be stated in such Company SEC reports or necessary in order to make the statements in such Company SEC reports, in the light of the circumstances under which they were made, not misleading, in any material respect.

Part ​ of the Disclosure Schedule sets forth a copy of the unaudited balance sheet of the Business as of September 30, 2022, and the statement of income of the Business for the nine (9) months ended September 30, 2022 (the “Unaudited Business Financial Statements”). The Unaudited Business Financial Statements have been prepared in good faith from the Books and Records of the Seller in a manner consistent with the Seller’s accounting policies and, on that basis, fairly present, in all material respects, the financial position and results of operations of the Business as of the date and for the period indicated, subject, in each case, to the absence of notes and to normal year-end adjustments; provided, that the Unaudited Business Financial Statements and the representations and warranties in this [Section 2.14] are qualified by the fact that # the Business has not operated on a separate standalone basis and has historically been reported within the Seller’s consolidated financial statements and # the Unaudited Business Financial Statements are not necessarily indicative of the future financial position or results of operations of the Business.

Required Miller International Business Financial Information. Buyer hereby irrevocably waives # any right or remedy that it may have (whether under the Purchase Agreement or otherwise) with respect to any breach of any covenant or agreement of ABI contained in [Section 5.11(a)] of the Purchase Agreement prior to the date hereof and # any obligation on the part of ABI prior to the Closing to use its reasonable best efforts to cause Miller Parent and its Subsidiaries to provide Required Miller International Business Financial Information that is Compliant; provided, that the foregoing waiver in clause (ii) shall be null and void and of no further force or effect from and after such time as # Required Miller International Business Financial Information that is Compliant becomes necessary in connection with any filings required to be made by Buyer prior to the Closing pursuant to the Securities Act of 1933 (including any registration statement thereunder), as amended, or the Securities Exchange Act of 1934, as amended (a “Change in Required Information”), and # Buyer delivers to ABI a written notice describing in reasonable detail such Change in Required Information.

Financial Statements; Financial Condition. All consolidated financial statements for Co-Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Co-Borrower’s consolidated financial condition and Co-Borrower’s consolidated results of operations. There has not been any material deterioration in Co-Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

Information. The ​ acknowledges review of reports filed by AVRS with the U.S. Securities and Exchange Commission, and that AVRS has provided the ​ with no indication of any value of the Shares or of AVRS. There have been no representations, warranties or promises made to ​ by AVRS or any representative of AVRS that the Shares will appreciate in value, or that there will be any market for the resale of the Shares by the ​. The ​ understands that the Shares are extremely speculative and subject to a high degree of risk of loss of the ​’s investment. The ​ and the ​’s advisors, if any, have conducted their own investigation with respect to AVRS and the Shares, and have not relied upon any representation of AVRS in making the decision to invest in the Shares (other than those representations set forth in Section 2 of this Agreement). The ​ has had an opportunity to discuss the terms and conditions of the investment in the Shares with management of AVRS and to obtain any additional information regarding the investment or AVRS that it has requested of management.