Covenant Regarding Exchange Act Filings. 10 3.5 Termination..................................................... 11
Covenant Regarding Exchange Act Filings. With a view to making available to Intel the benefits of Rule 144 promulgated under the Securities Act, and any other rules or regulations of the SEC which may at any time permit Intel to sell any Restricted Securities without registration, until the date of termination of this Agreement, Micron agrees to use commercially reasonable efforts to file with the SEC in a timely manner all reports and other documents required to be filed under the Exchange Act.
Covenant Regarding Exchange Act Filings. With a view to making available to Tekelec the benefits of Rule 144 promulgated under the Act, and any other rule or regulations of the SEC that may any time permit Tekelec to sell securities of Catapult to the public without registration, until the earlier of the date of termination of this Agreement or the date that is 36 months following the Closing, Catapult agrees to use commercially reasonable best efforts to file with the SEC in a timely manner all reports and other documents required to be filed under the Exchange Act. The provisions of this Section 2.3 shall be in addition to and not in limitation of any other obligations of Catapult hereunder with respect to filings under the Exchange Act.
Covenant Regarding Exchange Act Filings. (a) With a view to making available to the Stockholders the benefits of Rule 144 under the Securities Act and any other rule or regulation of the SEC that may at any time permit any Stockholder to sell securities of Avanex to the public without registration, Avanex agrees to:
(i) Make and keep public information available, as those terms are understood and defined in SEC Rule 144;
(ii) File with the SEC in a timely manner all reports and other documents required of Avanex under the Securities Act and the Exchange Act; and
(iii) Furnish to each Stockholder, so long as such Stockholder owns any Avanex Securities, forthwith upon request (A) a written statement by Avanex that it has complied with the reporting requirements of SEC Rule 144; (B) a copy of the most recent annual or quarterly report of Avanex and such other reports and documents so filed by Avanex; and (C) such other information as may be reasonably requested to allow such Stockholder to avail itself of any rule or regulation of the SEC which permits the selling of any such securities without registration.
(b) For so long as Alcatel holds five percent (5%) or more of the outstanding shares of Avanex Common Stock, Avanex shall provide to Alcatel, in addition to any reports that may be filed with the SEC, periodic updates (but in no event less frequently than quarterly) as to the status and development of the business of Avanex, through meetings with the senior executives of Avanex if requested by Alcatel.
Covenant Regarding Exchange Act Filings. Each of Party A and Party B agrees that such party and its affiliates will comply with all applicable disclosure or reporting requirements in respect of the Transaction, including, without limitation, any requirement imposed by Section 13 or Section 16 of the Exchange Act, if any, and it shall provide the other party with a copy of any report filed in respect of the Transaction promptly upon filing thereof.
Covenant Regarding Exchange Act Filings. With a view to making available to Holders the benefits of Rule 144 promulgated under the Securities Act, and any other rules or regulations of the SEC which may at any time permit Holders to sell any Restricted Securities without registration, the Company agrees to use its best efforts to file with the SEC in a timely manner all reports and other documents required to be filed under the Exchange Act.
Covenant Regarding Exchange Act Filings. With a view to making --------------------------------------- available to TI the benefits of Rule 144 promulgated under the Securities Act, and any other rules or regulations of the SEC which may at any time permit TI to sell any Restricted Securities without registration, until the date of termination of this Agreement, Micron agrees to use commercially reasonable efforts to file with the SEC in a timely manner all reports and other documents required to be filed under the Exchange Act.
Covenant Regarding Exchange Act Filings. With a view to making available to DSC the benefits of Rule 144, and any other rules or regulations of the SEC that may at any time permit DSC to sell any Restricted Securities without registration, until the date of termination of this Agreement, Micron agrees to use commercially reasonable efforts to file with the SEC in a timely manner all reports and other documents required to be filed under the Exchange Act and to keep available adequate current public information with respect to Micron, as specified in paragraph (c) of Rule 144.
Covenant Regarding Exchange Act Filings. With a view to making available to the Stockholders the benefits of Rule 144, Micron agrees that it will use commercially reasonable efforts to make available current public information with respect to Micron as contemplated by Rule 144(c) until the first anniversary of the Closing Date.
Covenant Regarding Exchange Act Filings. With a view to making available to Purchaser the benefits of Rule 144 promulgated under the Securities Act, and any other rules or regulations of the SEC which may at any time permit Purchaser to sell any Restricted Securities without registration, until the date of termination of this Agreement, the Company agrees to use commercially reasonable efforts to file with the SEC in a timely manner all reports and other documents required to be filed under the Exchange Act.
