103 unchanged sentences
These risks in turn could cause our operating results and financial condition to suffer.
−Removed: We derived 23% and 27% of our revenue from combined Europe, Middle East, and Africa sales during three months ended December 31, 2022 and 2021, respectively.
+Added: We derived 22% and 27% of our revenue from combined Europe, Middle East, and Africa sales during three months ended March 31, 2023 and 2022, respectively.
We derived 23% and 28% of our revenue from combined Europe, Middle East,
−Removed: and Africa sales during the six months ended December 31, 2022 and 2021, respectively.
+Added: and Africa sales during the nine months ended March 31, 2023 and 2022, respectively.
In addition to those discussed elsewhere in this section, our combined Europe, Middle East, and Africa sales operations are subject to a number of specific risks, such as:
1 unchanged sentence
● foreign currency fluctuations and imposition of exchange controls;
−Removed: ● changes in data privacy laws including GDPR;
+Added: ● changes in data privacy laws including European Union’s General Data Protection Regulation (GDPR);
● difficulty and costs in staffing and managing our international operations;
5 unchanged sentences
Any of the above risks could adversely affect our international operations, reduce our revenue from customers outside of the United States or increase our operating costs, each of which could adversely affect our business, results of operations, financial condition, and growth prospects.
−Removed: As of December 31, 2022 approximately 43% of our workforce was employed in India.
+Added: As of March 31, 2023 approximately 44% of our workforce was employed in India.
Of our employees in India, 49% are allocated to research and development.
173 unchanged sentences
These risks are likely to increase as we continue to grow the scale and functionality of our platform and process, store, and transmit increasingly large amounts of our customers’ information and data, which may include proprietary or confidential data or personal or identifying information .
−Removed: Changes in the European regulatory environment regarding privacy and data protection regulations, such as the European Union’s General Data Protection Regulation (GDPR), could expose us to risks of noncompliance and costs associated with compliance.
+Added: Changes in the European regulatory environment regarding privacy and data protection regulations, such as the GDPR, could expose us to risks of noncompliance and costs associated with compliance.
We have in the past relied on adherence to the U.S.
−Removed: Department of Commerce’s Safe Harbor Privacy Principles, the U.S.-European Union (EU) and U.S.
+Added: Department of Commerce’s Safe Harbor Privacy Principles, the U.S.- EU and–U.S.
– Swiss Safe Harbor Frameworks, and their successors, the EU-U.S.
4 unchanged sentences
However, as a result of the October 6, 2015 EU Court of Justice (ECJ), opinion in Case C-362/14 (Schrems v.
−Removed: Data Protection Commissioner) regarding the adequacy of the U.S.-EU Safe Harbor Framework, and the July 16, 2020 ECJ judgment in Case C-311/18
−Removed: (Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems) regarding the adequacy of the Privacy Shield Framework, both frameworks are no longer deemed to constitute a valid method of compliance with restrictions set forth in European law regarding the transfer of data outside of the EEA.
+Added: Data Protection Commissioner) regarding the adequacy of the U.S.-EU Safe Harbor Framework, and the July 16, 2020 ECJ judgment in Case C-311/18 (Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems) regarding the adequacy of the
+Added: Privacy Shield Framework, both frameworks are no longer deemed to constitute a valid method of compliance with restrictions set forth in European law regarding the transfer of data outside of the EEA.
We are therefore required to rely on alternative mechanisms permitted under European law, such as consent and approved standard contractual clauses.
8 unchanged sentences
Our publication of our privacy policy and other public statements that provide promises and assurances about privacy and security can subject us to potential governmental action if they are found to be deceptive or misrepresentative of our practices.
−Removed: Further, t he costs of compliance with, and other burdens imposed by, such laws, regulations and policies that are applicable to us may limit the use and adoption of our products and solutions and could have a material adverse impact on our results of operations .
+Added: Further, the costs of compliance with, and other burdens imposed by, such laws, regulations and policies that are applicable to us may limit the use and adoption of our products and solutions and could have a material adverse impact on our results of operations.
Privacy concerns and laws, evolving regulation of cloud computing and other domestic or foreign regulations may limit the use and adoption of our solutions and adversely affect our business.
39 unchanged sentences
The COVID-19 pandemic has created significant worldwide uncertainty, volatility and economic disruption.
−Removed: The ultimate impact of the COVID-19 pandemic on our business, results of operations, financial condition and cash flows is dependent on future developments, including the duration of the pandemic, the severity of the disease and outbreak, the impact of new strains of the virus, effectiveness and availability of a vaccine, future and ongoing actions that may be taken by governmental authorities, the ended lockdown orders in China that began in April 2022, the impact on the businesses of our customers and partners, and the length of its impact on the global economy, which are uncertain and are difficult to predict at this time.
+Added: The ultimate impact of the COVID-19 pandemic on our business, results of operations, financial condition and cash flows is dependent on future developments, including the duration of the pandemic, the severity of the disease and outbreak, the impact of new strains or resurgence of the virus, future and ongoing actions that may be taken by governmental authorities, the impact on the businesses of our customers and partners, and the length of its impact on the global economy, which are uncertain and are difficult to predict at this time.
The potential effects of the COVID-19 pandemic, each of which could adversely affect our business, results of operations, financial condition and cash flows, include:
73 unchanged sentences
Our insiders who are significant stockholders have the ability to exercise significant control over matters requiring stockholder approval, including the election of our board of directors, and may have interests that conflict with those of other stockholders.
−Removed: Our directors and executive officers, together with their affiliates and members of their immediate families, beneficially owned, in the aggregate, approximately 31% of our outstanding capital stock as of December 31, 2022, of which our Chief Executive Officer, Ashutosh Roy, beneficially owned approximately 27% as of such date.
+Added: Our directors and executive officers, together with their affiliates and members of their immediate families, beneficially owned, in the aggregate, approximately 31% of our outstanding capital stock as of March 31, 2023, of which our Chief Executive Officer, Ashutosh Roy, beneficially owned approximately 27% as of such date.
As a result of these concentrated holdings, Mr.
Roy individually or together with this group has the ability to exercise significant control over most matters requiring our stockholders’ approval, including the election and removal of directors and the approval of significant corporate transactions, such as a merger or sale of our company or its assets.
−Removed: Description of Exhibits
−Removed: Rule 13a-15(e)/15d-15(e) Certification of Chief Executive Officer.
−Removed: Rule 13a-15(e)/15d-15(e) Certification of Chief Financial Officer.
−Removed: Certification pursuant to 18 U.S.C.
−Removed: Section 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002 of Ashutosh Roy, Chief Executive Officer.
−Removed: Certification pursuant to 18 U.S.C.
−Removed: Section 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of 2002 of Eric Smit, Chief Financial Officer.
−Removed: Interactive Data Files Pursuant to Rule 405 of Regulation S-T:
−Removed: (i) Condensed Consolidated Balance Sheets as of December 31, 2022 and June 30, 2022, (ii) Condensed Consolidated Statements of Operations for the three and six months ended December 31, 2022 and 2021, (iii) Condensed Consolidated Statements of Comprehensive Income for the three and six months ended December 31, 2022 and 2021, (iv) Condensed Consolidated Statements of Stockholders’ Equity for the three and six months ended December 31, 2022 and 2021, (v) Condensed Consolidated Statements of Cash Flows for the six months ended December 31, 2022 and 2021 and (vi) Notes to Condensed Consolidated Financial Statements.
−Removed: Inline XBRL Instance Document
−Removed: Inline XBRL Taxonomy Extension Schema Document
−Removed: Inline XBRL Taxonomy Extension Calculation Linkbase Document
−Removed: Inline XBRL Taxonomy Extension Definition Linkbase Document
−Removed: Inline XBRL Taxonomy Extension Label Linkbase Document
−Removed: Inline XBRL Taxonomy Extension Presentation Linkbase Document
−Removed: Cover Page Interactive Data File (embedded within the Inline XBRL document).
−Removed: In accordance with Item 601(b)(32)(ii) of Regulation S-K and SEC Release No.
−Removed: 34-47986, the certifications furnished in Exhibits 32.1 and 32.2 hereto are deemed to accompany this Form 10-Q and will not be deemed “filed” for purposes of Section 18 of the Exchange Act or deemed to be incorporated by reference into any filing under the Exchange Act or the Securities Act except to the extent that the registrant specifically incorporates it by reference.
−Removed: Pursuant to the requirements of the Securities Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
−Removed: February 14, 2023
−Removed: eGain Corporation
−Removed: Chief Financial Officer
−Removed: (Principal Financial and Accounting Officer)
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.