Common use of Compliance with Rule 144 and Rule 144A Clause in Contracts

Compliance with Rule 144 and Rule 144A. At the written request of any holder of any Warrant or Warrant Shares who proposes to sell any such Warrant or Warrant Shares in compliance with Rule 144, the Corporation shall furnish to such holder, within ten days after receipt of such request, a written statement as to whether or not the Corporation is in compliance with the filing requirements of the Securities and Exchange Commission as set forth in such Rule. For purposes of effecting compliance with Rule 144A, in connection with any resales of this Warrant or Warrant Shares that hereafter may be effected pursuant to the provisions of Rule 144A, any holder of this Warrant or Warrant Shares desiring to effect such resale and each prospective institutional purchaser thereof designated by such holder shall have the right, at any time the Corporation is not subject to Section 13 or 15(d) of the Securities and Exchange Act, to obtain from the Corporation, upon the written request of such holder and at the Corporation's expense the documents specified in Section (d)(4)(i) of Rule 144A, as such rule may be amended from time to time.

Compliance with Rule 144 and Rule 144A. At the written request of any holder Holder of any Warrant or Warrant Shares Series B Stock who proposes to sell any of such Warrant or Warrant Shares Series B Stock in compliance with Rule 144, the Corporation Company shall furnish to such holderHolder, within ten days after receipt of such request, a written statement as to whether or not the Corporation Company is in compliance with the filing requirements of the Securities and Exchange Commission as set forth in such Rule. For purposes of effecting compliance with Rule 144A, in connection with any resales of this Warrant or Warrant Shares any shares of Series B Stock that hereafter may be effected pursuant to the provisions of Rule 144A, any holder Holder of this Warrant or Warrant Shares shares of such Series B Stock desiring to effect such resale and each prospective institutional purchaser thereof of such shares designated by such holder Holder shall have the right, at any time the Corporation Company is not subject to Section 13 or 15(d) of the Securities and Exchange Act, to obtain from the CorporationCompany, upon the written request of such holder Holder and at the CorporationCompany's expense the documents specified in Section (d)(4)(i) of Rule 144A, as such rule may be amended from time to time.

Compliance with Rule 144 and Rule 144A. At the written request of any holder Holder of any Warrant or Warrant Shares 2008 Senior Preferred who proposes to sell any such Warrant or Warrant Shares shares of 2008 Senior Preferred in compliance with Rule 144, the Corporation Company shall furnish to such holderHolder, within ten days after receipt of such request, a written statement as to whether or not the Corporation Company is in compliance with the filing requirements of the Securities and Exchange Commission as set forth in such Rule. For purposes of effecting compliance with Rule 144A, in connection with any resales of this Warrant or Warrant Shares any shares of 2008 Senior Preferred that hereafter may be effected pursuant to the provisions of Rule 144A, any holder Holder of this Warrant or Warrant Shares shares of 2008 Senior Preferred desiring to effect such resale and each prospective institutional purchaser thereof of such shares designated by such holder Holder shall have the right, at any time the Corporation Company is not subject to Section 13 or 15(d) of the Securities and Exchange Act, to obtain from the CorporationCompany, upon the written request of such holder Holder and at the Corporation's Company’s expense the documents specified in Section (d)(4)(i) of Rule 144A, as such rule may be amended from time to time.

Compliance with Rule 144 and Rule 144A. At the written request of any holder of any Warrant or Warrant Shares Restricted Securities who proposes to sell any such Warrant or Warrant Shares Restricted Securities in compliance with Rule 144, the Corporation Company shall furnish to such holder, within ten days after receipt of such request, a written statement as to whether or not the Corporation Company is in compliance with the filing requirements of the Securities and Exchange Commission as set forth in such Rule. For purposes of effecting compliance with Rule 144A, in connection with any resales of this Warrant or Warrant Shares any Restricted Securities that hereafter may be effected pursuant to the provisions of Rule 144A, any holder of this Warrant or Warrant Shares any Restricted Securities desiring to effect such resale and each prospective institutional purchaser thereof of any such Restricted Securities designated by such holder shall have the right, at any time the Corporation Company is not subject to Section 13 or 15(d) of the Securities and Exchange Act, to obtain from the CorporationCompany, upon the written request of such holder and at the CorporationCompany's expense the documents specified in Section (d)(4)(i) of Rule 144A, as such rule may be amended from time to time.