Common use of Delivery of Certain Information Clause in Contracts

Delivery of Certain Information. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock issued upon conversion thereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company's reasonable satisfaction.

Appears in 2 contracts

Samples: Indenture (Artesyn Technologies Inc), Indenture (Memberworks Inc)

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Delivery of Certain Information. At any time when the Company is not subject to Section Sections 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities Notes or holder or beneficial owner of shares of Common Stock issued ADSs deliverable upon conversion thereofof Notes, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities Notes or holder or beneficial owner of shares ADSs deliverable upon conversion of Common StockNotes, or to a prospective purchaser of any such security Note designated by any such holderHolder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such securityNote. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company's ’s reasonable satisfaction.

Appears in 2 contracts

Samples: Indenture (WEIBO Corp), Indenture (Sina Corp)

Delivery of Certain Information. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock issued upon conversion thereof, the Company will shall promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company's ’s reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Cable Design Technologies Corp)

Delivery of Certain Information. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock issued upon conversion thereof, or in accordance with Section 3.08(c), the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company's reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Manpower Inc /Wi/)

Delivery of Certain Information. At any time when the Company neither Obligor is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock issued upon conversion thereof, or in accordance with Section 3.7(d), the Company will Obligors shall promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company's reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Best Buy Co Inc)

Delivery of Certain Information. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock issued delivered upon conversion thereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities ActAct or any successor provisions. Whether a Person person is a beneficial owner shall be determined by the Company to the Company's reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Yellow Roadway Corp)

Delivery of Certain Information. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock issued upon conversion thereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock, or to a prospective purchaser of any such security Security designated by any such holderHolder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such securitySecurity. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company's ’s reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Titan International Inc)

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Delivery of Certain Information. At any time when the Company is not subject to Section Sections 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities Notes or holder or beneficial owner of shares of Common Stock Ordinary Shares issued upon conversion thereofof Notes, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities Notes or holder or beneficial owner of shares Ordinary Shares issued upon conversion of Common StockNotes, or to a prospective purchaser of any such security Note designated by any such holderHolder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such securityNote. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company's ’s reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Sina Corp)

Delivery of Certain Information. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock issued upon conversion thereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company's ’s reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Saks Inc)

Delivery of Certain Information. At any time ------------------------------- when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Class A Common Stock issued delivered upon conversion thereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Securities or holder or beneficial owner of shares of Class A Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such --------------------- information as is specified pursuant to Rule 144A(d)(4) under the Securities ActAct or any successor provisions. Whether a Person person is a beneficial owner shall be determined by the Company to the Company's reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Kv Pharmaceutical Co /De/)

Delivery of Certain Information. At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner Beneficial Owner of Securities or holder or beneficial owner of shares Beneficial Owner of Common Stock issued delivered upon conversion thereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner Beneficial Owner of Securities or holder or beneficial owner of shares Beneficial Owner of Common Stock, or to a prospective purchaser of any such security designated by any such holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such security. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities ActAct or any successor provisions. Whether a Person is a beneficial owner Beneficial Owner shall be determined by the Company to the Company's ’s reasonable satisfaction.

Appears in 1 contract

Samples: Indenture (Magnum Hunter Resources Inc)

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