Furnishing of Rule 144A Information. The Issuer will furnish, upon the written request of any Noteholder or of any owner of a beneficial interest therein, such information as is specified in paragraph (d)(4) of Rule 144A under the Securities Act (i) to such Noteholder or beneficial owner, (ii) to a prospective purchaser of such Note or interest therein who is a Qualified Institutional Buyer and a Qualified Purchaser designated by such Noteholder or beneficial owner, or (iii) to the Trustee for delivery to such Noteholder, beneficial owner or prospective purchaser, in order to permit compliance by such Noteholder or beneficial owner with Rule 144A in connection with the resale of such Note or beneficial interest therein by such Noteholder or beneficial owner in reliance on Rule 144A unless, at the time of such request, the Issuer is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or exempt from reporting pursuant to Rule 12g3-2(b) under the Exchange Act.
Furnishing of Rule 144A Information. The Company agrees that, for so long as it is not subject to Section 13 or 15(d) of the Exchange Act, it will furnish to any holder of the Notes or to any prospective purchaser of any Note designated by such holder that is a "QUALIFIED INSTITUTIONAL BUYER" (as defined in Rule 144A under the Securities Act), upon the request of such holder, on or prior to the date such Note is to be sold to such prospective purchaser, the following information (which shall be reasonably current in relation to the date of such sale): (a) a very brief statement of the nature of the business of the Company and its Subsidiaries and the products and services they offer; (b) the Company's audited consolidated balance sheets and related consolidated statements of operations, stockholders' equity and cash flows for the two most recently completed Fiscal Years prior to such date; and (c) such other information as may from time to time be reasonably necessary to maintain the eligibility of the Notes for trading under Rule 144A under the Securities Act and as shall not be materially more onerous for the Company to provide than the information required to maintain such eligibility on the date of this Agreement.
Furnishing of Rule 144A Information. The Issuer will furnish, upon the written request of any Noteholder or of any owner of a beneficial interest therein, such information as is specified in paragraph (d)(4) of Rule 144A under the Securities Act (a) to such Noteholder or beneficial owner, (b) to a prospective purchaser of such Note or interest therein who is a Qualified Institutional Buyer designated by such Noteholder or beneficial owner, or (c) to the Trustee for delivery to such Noteholder, beneficial owner or prospective purchaser, in order to permit compliance by such Noteholder or beneficial owner with Rule 144A in connection with the resale of such Note or beneficial interest therein by such Noteholder or beneficial owner in reliance on Rule 144A unless, at the time of such request, the Issuer is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or exempt from reporting pursuant to Rule 12g3-2(b) under the Exchange Act.
Furnishing of Rule 144A Information. The Guarantor agrees that, for so long as it is not subject to Section 13 or 15(d) of the Exchange Act, it will furnish to any holder of the Notes or Rollover Notes or to any prospective purchaser of any Notes or Rollover Notes designated by such holder that is a "qualified institutional buyer" (as defined in Rule 144A under the Securities Act), upon the request of such holder, on or prior to the date such Notes or Rollover Notes are to be sold to such prospective purchaser, the following information (which shall be reasonably current in relation to the date of such sale): (a) copies of such reports and other information the Guarantor would have been required to file with the Securities and Exchange Commission had it been subject to Section 13 or 15(d) of the Exchange Act; (b) quarterly and annual reports substantially equivalent to those which would be required under the Exchange Act and (c) the information required under Rule 144A under the Securities Act.
Furnishing of Rule 144A Information. The Issuer will, upon the written request of any Holder or of any owner of a beneficial interest in the Notes, furnish such information as is specified in paragraph (d)(4) of Rule 144A under the Securities Act (i) to such Holder or beneficial owner who is a Qualified Institutional Buyer (and who is also a Qualified Purchaser), (ii) to a prospective purchaser of such Note or interest therein who is a Qualified Institutional Buyer (and who is also a Qualified Purchaser) designated by such Holder or beneficial owner, or (iii) to such Holder, beneficial owner or prospective purchaser, in order to permit compliance by such Holder or beneficial owner with Rule 144A under the Securities Act in connection with the resale of such Note or beneficial interest therein by such Holder or beneficial owner in reliance on Rule 144A under the Securities Act unless, at the time of such request, the Issuer is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or exempt from reporting pursuant to Rule 12g3 2(b) under the Exchange Act.
