Common use of 144A Information Clause in Contracts

144A Information. Whenever the Company is not subject to Section 13 or Section 15(d) of the Exchange Act, if this Note or shares of Common Stock, if any, issuable upon the conversion of this Note constitute “restricted securities” within the meaning of Rule 144, the Company will, upon the request of the Holder or beneficial owner of this Note, or a holder or beneficial owner of the Common Stock, if any, issuable upon the conversion of this Note, (i) promptly furnish or cause to be furnished to the applicable Holder, beneficial owner, or any prospective purchaser designated by the applicable Holder or beneficial owner, of this Note, or any holder, beneficial owner, or any prospective purchaser designated by the applicable holder or beneficial owner, of the Common Stock, as applicable, all of the information that a prospective purchaser of this Note or the Common Stock, as applicable, is required to receive under Rule 144A(d)(4) of the Securities Act for this Note or shares of Common Stock, as applicable, to be resold to such prospective purchaser pursuant the exemption from registration provided by Rule 144A and (ii) make publicly available such information as necessary to permit sales pursuant to Rule 144, as the case may be.

Appears in 2 contracts

Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)

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144A Information. Whenever the Company is not subject to Section 13 or Section 15(d) of the Exchange Act, if this Note any Notes or shares of Common Stock, if any, Stock issuable upon the conversion of this Note the Notes constitute “restricted securities” within the meaning of Rule 144, the Company will, upon the request of the a Holder or beneficial owner Beneficial Owner of this Notethe Notes, or a holder or beneficial owner Beneficial Owner of the Common Stock, if any, Stock issuable upon the conversion of this Notethe Notes, (i) promptly furnish or cause to be furnished to the applicable Holder, beneficial ownerBeneficial Owner, or any prospective purchaser designated by the applicable Holder or beneficial ownerBeneficial Owner, of this Notethe Notes, or any holder, beneficial ownerBeneficial Owner, or any prospective purchaser designated by the applicable holder or beneficial ownerBeneficial Owner, of the Common Stock, as applicablethe case may be, all of the information that a prospective purchaser of this Note the Notes or the Common Stock, as applicablethe case may be, is required to receive under Rule 144A(d)(4) of the Securities Act for this Note the Notes or shares of Common Stock, as applicablethe case may be, to be resold to such prospective purchaser pursuant the exemption from registration provided by Rule 144A and (ii) make publicly available such information as necessary to permit sales pursuant to Rule 144, as the case may be.144A.

Appears in 2 contracts

Samples: Indenture (Protalix BioTherapeutics, Inc.), Indenture (Protalix BioTherapeutics, Inc.)

144A Information. Whenever the Company is not subject to Section 13 or Section 15(d) of the Exchange Act, if this Note any Notes or shares of Common Stock, if any, Stock issuable upon the conversion of this Note the Notes constitute "restricted securities" within the meaning of Rule 144, the Company will, upon the request of the a Holder or beneficial owner of this Notethe Notes, or a holder or beneficial owner of the Common Stock, if any, Stock issuable upon the conversion of this Notethe Notes, (i) promptly furnish or cause to be furnished to the applicable Holder, beneficial owner, or any prospective purchaser designated by the applicable Holder or beneficial owner, owner of this Notethe Notes, or any holder, beneficial owner, or any prospective purchaser designated by the applicable holder or beneficial owner, owner of the Common Stock, as applicablethe case may be, all of the information that a prospective purchaser of this Note the Notes or the Common Stock, as applicablethe case may be, is required to receive under Rule 144A(d)(4) of the Securities Act for this Note the Notes or shares of Common Stock, as applicablethe case may be, to be resold to such prospective purchaser pursuant the exemption from registration provided by Rule 144A and (ii) make publicly available such information as necessary to permit sales pursuant to Rule 144, as the case may be.144A.

Appears in 1 contract

Samples: Indenture (Ultrapetrol Bahamas LTD)

144A Information. Whenever the Company is not subject to Section 13 or Section 15(d) of the Exchange Act, if this Note any Notes or shares of Common Stock, if any, issuable upon the conversion of this Note the Notes constitute “restricted securities” within the meaning of Rule 144, the Company will, upon the request of the a Holder or beneficial owner of this Notethe Notes, or a holder or beneficial owner of the Common Stock, if any, issuable upon the conversion of this Notethe Notes, (i) promptly furnish or cause to be furnished to the applicable Holder, beneficial owner, or any prospective purchaser designated by the applicable Holder or beneficial owner, of this Notethe Notes, or any holder, beneficial owner, or any prospective purchaser designated by the applicable holder or beneficial owner, of the Common Stock, as applicablethe case may be, all of the information that a prospective purchaser of this Note the Notes or the Common Stock, as applicablethe case may be, is required to receive under Rule 144A(d)(4) of the Securities Act for this Note the Notes or shares of Common Stock, as applicablethe case may be, to be resold to such prospective purchaser pursuant the exemption from registration provided by Rule 144A and (ii) make publicly available such information as necessary to permit sales pursuant to Rule 144, as the case may be.144A.

Appears in 1 contract

Samples: Indenture (GAIN Capital Holdings, Inc.)

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144A Information. Whenever If at any time the Company is not subject required to filed with the SEC the reports required by Section 13 5.01 and the Notes or Section 15(d) of the Exchange Act, if this Note or shares of Common Stock, if any, Ordinary Shares issuable upon the conversion of this Note the Notes constitute “restricted securities” within the meaning of Rule 144, the Company will, upon the request of the any Holder or beneficial owner Beneficial Owner of this Notethe Notes, or a holder or beneficial owner Beneficial Owner of the Common Stock, if any, Ordinary Shares issuable upon the conversion of this Notethe Notes, (i) promptly furnish or cause to be furnished to the applicable Holder, beneficial ownerBeneficial Owner, or any prospective purchaser designated by the applicable Holder or beneficial ownerBeneficial Owner, of this Notethe Notes, or any holder, beneficial ownerBeneficial Owner, or any prospective purchaser designated by the applicable holder or beneficial ownerBeneficial Owner, of the Common StockOrdinary Shares, as applicablethe case may be, all of the information that a prospective purchaser of this Note the Notes or the Common StockOrdinary Shares, as applicablethe case may be, is required to receive under Rule 144A(d)(4) of the Securities Act for this Note such Notes or shares of Common StockOrdinary Shares, as applicablethe case may be, to be resold pursuant to such prospective purchaser pursuant the exemption from registration provided by Rule 144A and (ii) make publicly available such information as necessary to permit sales pursuant to Rule 144, as the case may be.144A.

Appears in 1 contract

Samples: First Supplemental Indenture (Vantage Drilling CO)

144A Information. Whenever the Company is not subject to Section 13 or Section 15(d) of the Exchange Act, if this Note any Notes or shares of Common Stock, if any, Stock issuable upon the conversion of this Note the Notes constitute “restricted securities” within the meaning of Rule 144, the Company will, upon the request of the a Holder or beneficial owner of this Notethe Notes, or a holder or beneficial owner of the Common Stock, if any, Stock issuable upon the conversion of this Notethe Notes, (i) promptly furnish or cause to be furnished to the applicable Holder, beneficial owner, or any prospective purchaser designated by the applicable Holder or beneficial owner, of this Notethe Notes, or any holder, beneficial owner, or any prospective purchaser designated by the applicable holder or beneficial owner, of the Common Stock, as applicablethe case may be, all of the information that a prospective purchaser of this Note the Notes or the Common Stock, as applicablethe case may be, is required to receive under Rule 144A(d)(4) of the Securities Act for this Note the Notes or shares of Common Stock, as applicablethe case may be, to be resold to such prospective purchaser pursuant the exemption from registration provided by Rule 144A and (ii) make publicly available such information as necessary to permit sales pursuant to Rule 144, as the case may be.144A.

Appears in 1 contract

Samples: Indenture (Layne Christensen Co)

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