CONTROLS AND PROCEDURES
−Removed: (a) Evaluation of Disclosure Controls and
−Removed: Under the supervision and
−Removed: with the participation of our management, including our Chief Executive Officer (“CEO”) and Chief Financial Officer (“CFO”
−Removed: and together with the CEO, the “Certifying Officers”), we evaluated the effectiveness of the design and operation of our
−Removed: disclosure controls and procedures (as such term is defined in Rule 13a-15(e) under the Exchange Act).
−Removed: Our disclosure controls and procedures
−Removed: are designed to provide reasonable assurance that the information required to be disclosed in our reports filed or submitted under the
−Removed: Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC’s rules and forms.
−Removed: of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements.
−Removed: Therefore, even those
−Removed: systems determined to be effective can provide only reasonable assurance of achieving their control objectives.
−Removed: Disclosure controls and
−Removed: procedures include, without limitation, controls and procedures designed to ensure that information required to be disclosed in our reports
−Removed: filed or submitted under the Exchange Act is accumulated and communicated to management, including our Certifying Officers, or persons
−Removed: performing similar functions, as appropriate, to allow timely decisions regarding required disclosure.
+Added: (a) Evaluation of Disclosure Controls and Procedures
+Added: Our management, with the participation
+Added: of our Chief Executive Officer (“CEO”) and Chief Financial Officer (“CFO” and together with the CEO, the “Certifying
+Added: Officers”), evaluated the effectiveness of the design and operation of our disclosure controls and procedures (as such term is defined
+Added: in Rule 13a-15(e) under the Exchange Act).
+Added: Our disclosure controls and procedures are designed to provide reasonable assurance that the
+Added: information required to be disclosed in our reports filed or submitted under the Exchange Act is recorded, processed, summarized and reported
+Added: within the time periods specified in the SEC’s rules and forms.
+Added: Because of its inherent limitations, internal control
+Added: over financial reporting may not prevent or detect misstatements.
+Added: Therefore, even those systems determined to be effective can provide
+Added: only reasonable assurance of achieving their control objectives.
+Added: Disclosure controls and procedures include, without limitation, controls
+Added: and procedures designed to ensure that information required to be disclosed in our reports filed or submitted under the Exchange Act is
+Added: accumulated and communicated to management, including our Certifying Officers, or persons performing similar functions, as appropriate,
+Added: to allow timely decisions regarding required disclosure.
Based upon this evaluation,
−Removed: and the above criteria, our Certifying Officers concluded that the Company’s disclosure controls and procedures were effective
−Removed: as of June 30, 2024 at the reasonable assurance level.
−Removed: Previously Reported Material Weakness
−Removed: As previously reported, we
−Removed: identified a material weakness related to the review and evaluation of wholesale customer contracts, specifically as it relates to variable
−Removed: consideration, including wholesale warranty obligations.
−Removed: Specifically, we did not design and maintain effective controls over the review
−Removed: and evaluation of the accounting relating to contract terms agreed upon with our wholesale customers and the identification and calculation
−Removed: of the related wholesale accrued warranty liabilities.
−Removed: In response to this material
−Removed: weakness, management, with oversight of the Audit Committee of the Board, designed and effectively implemented a control over the review
−Removed: of all wholesale customer contracts to ensure the terms contained therein are appropriately evaluated and recorded.
−Removed: This control includes
−Removed: increased rigor and participation among our legal and accounting personnel regarding the appropriate consideration and application of
−Removed: contractual terms.
−Removed: We also implemented new controls over credit memo review and approval and the evaluation and review of accrued wholesale
−Removed: warranty liabilities.
−Removed: Based on these measures, management has tested the new controls, found them effective, and concluded that the previously
−Removed: reported material weakness described above has been remediated as of June 30, 2024 .
+Added: and the above criteria, our Certifying Officers concluded that the Company’s disclosure controls and procedures were effective as
+Added: of September 30, 2024 at the reasonable assurance level.
(b) Changes in Internal Controls Over Financial
−Removed: Other than the remediation
−Removed: efforts related to the design and implementation of sufficient controls around our customer contracts described above, there were no
−Removed: changes in our internal control over financial reporting during the quarter ended June 30, 2024 that have materially affected, or are
−Removed: reasonably likely to materially affect, our internal control over financial reporting.
+Added: There were no changes in our
+Added: internal control over financial reporting during the quarter ended September 30, 2024 that have materially affected, or are reasonably
+Added: likely to materially affect, our internal control over financial reporting.
OTHER INFORMATION
+Added: LEGAL PROCEEDINGS
+Added: The Company is from time to
+Added: time involved in various claims, legal proceedings and complaints arising in the ordinary course of business.
+Added: Please refer to Note 14
+Added: — Commitments and Contingencies to the condensed consolidated financial statements contained in this report for certain information
+Added: regarding our legal proceedings.
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.