definiens: means trade sa : rets, confidential information and know - how ( indudin ! ! but I10 t limited to ideas, fornlUlne, compositions, processes, procedures and techniques, research and development information, compmer program code, perfonnance specifications, support daeumentation, drawings, specifications, designs, busine!l!l and marketing plans, and customer and supplier lists and related infonnation ), 3,17 Financial Statements, The filUlllCial statements of the Company and the rdated notes thereto, in each case included in the SEC Filing.s, present fairly the fil1llncial position ofthc Company as of the dates indicated, and the ll,'Sults of its opcmtions and cash flows for the periods therein specified ( except that the unaudited financial statements do not comain all notes required by GAAP and are subject to normal year - end audit adjustments ), Such financial statements ( including the related notes ) have been prepared in accordance with GAAP, subject in the case of unaudited financial statements to nonnal year - end audit adjustments