this is all I could find from the series A note in regards to the late filing
"10. Information Rights. Unless otherwise publicly available in electronic format on the website of the Company or filed with the SEC, the Company shall furnish to the Holder within one hundred and five (105) days after the end of each fiscal year, audited financial statements of the Company and its consolidated subsidiaries and, within sixty (60) days after the end of each of the quarters of each fiscal year, unaudited financial statements of the Company.