In this Instrument
“current annual financial statements” means,
(a) if the issuer has filed its comparative annual financial statements in accordance with the applicable CD rule for its most recently completed financial year, those financial statements together with the auditor’s report accompanying the financial statements and, if there has been a change of auditors since the comparative period, an auditor’s report on the financial statements for the comparative period, or
(b) the issuer’s comparative annual financial statements filed for the financial year immediately preceding its most recently completed financial year, together with the auditor’s report accompanying the financial statements and, if there has been a change of auditors since the comparative period, an auditor’s report on the financial statements for the comparative period if
(i) the issuer has not filed its comparative annual financial statements for its most recently completed financial year, and
(ii) the issuer is not yet required under the applicable CD rule to have filed its annual financial statements for its most recently completed financial year;