Furnishing of Information. As long as Investor owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Act within the limitation of the exemptions provided by Rule 144.
Appears in 25 contracts
Samples: Convertible Preferred Stock Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (Advanced Cell Technology, Inc.), Preferred Stock Purchase Agreement (Revonergy Inc)
Furnishing of Information. As long as Investor Until the time that no Subscriber owns Securities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor Subscriber owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor Subscriber and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Subscribers to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person person to sell such Securities without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
Appears in 23 contracts
Samples: Subscription Agreement (GlyEco, Inc.), Form of Unit Purchase Agreement (Citius Pharmaceuticals, Inc.), Subscription Agreement (Protea Biosciences Group, Inc.)
Furnishing of Information. As If after the date hereof the Company becomes subject to the rules and regulations of the Exchange Act and as long as Investor any Purchaser owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor any Purchaser owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Purchasers to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Stinger Systems, Inc), Securities Purchase Agreement (Stinger Systems, Inc), Securities Purchase Agreement (Edentify, Inc.)
Furnishing of Information. As long as any Investor owns the Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as any Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor the Investors and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the Securities Shares, Warrant Shares and the Additional Investment Rights Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Shares, Warrant Shares and Additional Investment Rights Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (Generex Biotechnology Corp), Securities Purchase Agreement (Generex Biotechnology Corp)
Furnishing of Information. As long as Investor owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 7 contracts
Samples: Preferred Stock Purchase Agreement (Digital Power Corp), Securities Purchase Agreement (Catasys, Inc.), Securities Purchase Agreement (Catasys, Inc.)
Furnishing of Information. As long as Investor owns SecuritiesDuring the time a Registration Statement is required to be effective, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of the Investor, the Company shall deliver to the Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as the Investor owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to the Investor and make publicly available in accordance with Rule 144(c) such information as is required for the Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities the Investor may reasonably request, all to the extent required necessary from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Energous Corp), Securities Purchase Agreement (Dialog Semiconductor PLC), Securities Purchase Agreement (Dialog Semiconductor PLC)
Furnishing of Information. As long as Investor owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities under Rule 144 until such time as Investor may sell all such Securities without restriction under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Act within the limitation of the exemptions provided by Rule 144.
Appears in 7 contracts
Samples: Security Agreement (NYXIO TECHNOLOGIES Corp), Securities Purchase Agreement (Bionovo Inc), Securities Purchase Agreement (Marina Biotech, Inc.)
Furnishing of Information. As long as Investor any Purchaser owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor any Purchaser owns Securities, but only until such Securities may be sold under Rule 144(k), if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Purchasers to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Novadel Pharma Inc), Securities Purchase Agreement (Access Integrated Technologies Inc), Securities Purchase Agreement (Access Integrated Technologies Inc)
Furnishing of Information. As long as the Investor owns SecuritiesShares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investorany such holder of Shares, the Company shall deliver to Investor such holder a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as the Investor owns SecuritiesShares, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to the Investor and make publicly available in accordance with Rule 144(c) such information as is required for the Investor to sell the Securities Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities the Shares may reasonably request, all to the extent required from time to time to enable such Person person to sell such Securities Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 4 contracts
Samples: Investment Agreement (Spectrum Pharmaceuticals Inc), Investment Agreement (Spectrum Pharmaceuticals Inc), Investment Agreement (CASI Pharmaceuticals, Inc.)
Furnishing of Information. As long as Investor Until the time that Purchaser no longer owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, Act even if the Company shall deliver is not then subject to Investor a written certification the reporting requirements of a duly authorized officer as to whether it has complied with the preceding sentenceExchange Act. As long as Investor Purchaser owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Purchasers to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
Appears in 4 contracts
Samples: Unit Purchase Agreement (Bonds.com Group, Inc.), Unit Purchase Agreement (Bonds.com Group, Inc.), Unit Purchase Agreement (Bonds.com Group, Inc.)
Furnishing of Information. As long as any Investor owns the Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as any Investor owns Securities, but only until all such Securities may be sold under Rule 144(k), if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor the Investors and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the such Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Access Integrated Technologies Inc), Securities Purchase Agreement (Hollywood Media Corp), Securities Purchase Agreement (Access Integrated Technologies Inc)
Furnishing of Information. As long as each Investor owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as each Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Act within the limitation of the exemptions provided by Rule 144.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.), Stock Purchase Agreement (Neah Power Systems, Inc.)
Furnishing of Information. As long as Investor owns any Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns any Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Act within the limitation of the exemptions provided by Rule 144.
Appears in 2 contracts
Samples: Securities Purchase Agreement (ZBB Energy Corp), Securities Purchase Agreement (ZBB Energy Corp)
Furnishing of Information. As long as the Investor owns the Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all documents, reports and information required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentenceAct and Canadian Securities Laws. As long as the Investor owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to the Investor and make publicly available in accordance with Rule 144(c) such information as is required for the Investor to sell the Securities Underlying Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities the Underlying Shares and Warrant Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 2 contracts
Samples: Note Purchase Agreement (Abiomed Inc), Note Purchase Agreement (World Heart Corp)
Furnishing of Information. As long as Investor owns SecuritiesShares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns Securitiesthe Shares, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities Shares may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ault Global Holdings, Inc.), Securities Purchase Agreement (DPW Holdings, Inc.)
Furnishing of Information. As long as Investor owns SecuritiesPreferred Shares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns SecuritiesPreferred Shares, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities Preferred Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities Preferred Shares may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Preferred Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 2 contracts
Samples: Securities Purchase Agreement (DPW Holdings, Inc.), Securities Purchase Agreement (DPW Holdings, Inc.)
Furnishing of Information. As long as Investor Until the time that no Lender owns Securitiessecurities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor Lender owns Securitiessecurities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor Lender and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Lenders to sell the Securities securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities securities may reasonably request, all to the extent required from time to time to enable such Person person to sell such Securities securities without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
Appears in 2 contracts
Samples: Subscription Agreement (Protea Biosciences Group, Inc.), Note Purchase Agreement (Protea Biosciences Group, Inc.)
Furnishing of Information. As long as Investor Until the time that no Purchaser owns Securitiesthe Shares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports that are required to be filed by the Company after the Effective Date pursuant to Section 13(a) the Exchange Act, even if the Company is not then otherwise subject to the reporting requirements of the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor any Purchaser owns Securitiesthe Shares, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Purchasers to sell the Securities Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities the Shares may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Shares without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
Appears in 2 contracts
Samples: Securities Purchase Agreement (usell.com, Inc.), Stock Purchase Agreement (Aspen Group, Inc.)
Furnishing of Information. As long as Investor Purchaser owns the Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company Company. after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor Purchaser owns Securities, if the Company is not required to file reports pursuant to such laws, it the Company will (i) prepare and furnish to Investor Purchaser and make publicly available in accordance with Rule 144(c) such information as is required for Investor Purchaser to sell the Securities under Rule 144, and (ii) provide audited annual financial statements to Purchaser. The Company Inc. further covenants that it will take such further action as any holder of Securities Purchaser may reasonably request, all to the extent required from time to time to enable such Person Purchaser to sell such the Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sorrento Therapeutics, Inc.), Securities Purchase Agreement (Soon-Shiong Patrick)
Furnishing of Information. As long Until such time as no Investor owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, Act even if the Company shall deliver is not then subject to Investor a written certification the reporting requirements of a duly authorized officer as to whether it has complied with the preceding sentenceExchange Act. As long as any Investor owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of the Securities may reasonably request, all to the extent required from time to time time, to enable such Person person to sell such Securities without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
Appears in 1 contract
Samples: Debenture and Warrant Purchase Agreement (Airbee Wireless, Inc.)
Furnishing of Information. As long as any Investor owns Securitiesany Securities and cannot sell the Securities without volume limitation without the timely filing of all such reports, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as any Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor the Investors and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such the Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 1 contract
Samples: Securities Purchase Agreement (First Growth Investors Inc)
Furnishing of Information. As long as Investor any Purchaser owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor any Purchaser owns any of the Securities, but only until all of such Securities may be sold under Rule 144(b)(i), if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Purchasers to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 1 contract
Furnishing of Information. As long as any Investor owns the Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the reasonable request of Investorsuch holder of Securities, the Company shall deliver to Investor such holder a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as any Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor the Investors and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the Securities Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities the Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 1 contract
Samples: Securities Purchase Agreement (Worldgate Communications Inc)
Furnishing of Information. As So long as Investor the Purchaser owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, Act even if the Company shall deliver is not then subject to Investor a written certification the reporting requirements of a duly authorized officer as to whether it has complied with the preceding sentenceExchange Act. As long as Investor any Purchaser owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Purchasers to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
Appears in 1 contract
Samples: Securities Purchase Agreement (China North East Petroleum Holdings LTD)
Furnishing of Information. As long as Investor owns SecuritiesDuring the time a Registration Statement is required to be effective, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of the Investor, the Company shall deliver to the Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as the Investor owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to the Investor and make publicly available in accordance with Rule 144(c) such information as is required for the Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities the Investor may reasonably request, all to the extent required necessary from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.. 4.3
Appears in 1 contract
Furnishing of Information. As long as any Investor owns Securities, the Company covenants to use reasonable best efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as any Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will use reasonable best efforts to prepare and furnish to Investor the Investors and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the Securities Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities the Shares and Warrant Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alliance Pharmaceutical Corp)
Furnishing of Information. As long as Until the Investor no longer owns any Securities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as the Investor owns any Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to the Investor and make publicly available in accordance with Rule 144(c) such information as is required for the Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person person to sell such Securities without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
Appears in 1 contract
Samples: Securities Purchase Agreement (NF Energy Saving Corp)
Furnishing of Information. As long as any Investor owns Securitiesthe Securities and the Company is required under the rules and regulations of the Exchange Act to file periodic reports with the Commission, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as any Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor the Investors and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the Securities such Shares and Warrant Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Shares and Warrant Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 1 contract
Samples: Securities Purchase Agreement (Emerge Interactive Inc)
Furnishing of Information. As long as Investor owns SecuritiesShares, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns SecuritiesShares, if the Company is not no longer required to file reports pursuant to the Exchange Act (or if such lawsfilings are not otherwise generally available on the Internet free of charge), it will prepare and furnish to Investor (upon receipt of a written request) and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities Shares under Rule 144. The Company further covenants that it will take such further action as any holder of Securities Shares may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities Shares without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 1 contract
Samples: Securities Purchase Agreement (Roaming Messenger Inc)
Furnishing of Information. As long as Investor any Purchaser owns Securities, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor any Purchaser owns SecuritiesWarrants or Warrant Shares, but only until such holder’s Warrant Shares may be sold under Rule 144(b)(i), if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor the Purchasers and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Purchasers to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
Appears in 1 contract
Furnishing of Information. As long as any Investor owns Securitiesthe Securities and the Company is required under the rules and regulations of the Exchange Act to file periodic reports with the Commission, the Company covenants to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as any Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor the Investors and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the any such Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities or may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Securities Act within the limitation of the exemptions provided by Rule 144.
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Samples: Securities Purchase Agreement (Verso Technologies Inc)
Furnishing of Information. As long as Until the time that no Investor owns Securities, the Company covenants to maintain the registration of the Common Stock under Section 12(b) or 12(g) of the Exchange Act and to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date date hereof pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns Securities, if the Company is not required to file reports pursuant to such lawsthe Exchange Act, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor the Investors to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person person to sell such Securities without registration under the Securities Act within the limitation requirements of the exemptions exemption provided by Rule 144.
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Samples: Exchange Agreement (Protea Biosciences Group, Inc.)
Furnishing of Information. As long as Investor owns Securities, the Company covenants to use its reasonable best efforts to timely file (or obtain extensions in respect thereof and file within the applicable grace period) all reports required to be filed by the Company after the Effective Date pursuant to the Exchange Act. Upon the request of Investor, the Company shall deliver to Investor a written certification of a duly authorized officer as to whether it has complied with the preceding sentence. As long as Investor owns Securities, if the Company is not required to file reports pursuant to such laws, it will prepare and furnish to Investor and make publicly available in accordance with Rule 144(c) such information as is required for Investor to sell the Securities under Rule 144. The Company further covenants that it will take such further action as any holder of Securities may reasonably request, all to the extent required from time to time to enable such Person to sell such Securities without registration under the Act within the limitation of the exemptions provided by Rule 144.
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Samples: Preferred Stock Purchase Agreement (Stem Cell Therapy International, Inc.)