Common use of Future Reports to the Representative Clause in Contracts

Future Reports to the Representative. At any time when the Company is not subject to Section 13 or 15 of the Exchange Act and any Securities remain outstanding, the Company will furnish to the Representative (i) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of operations, shareholders’ equity and cash flows for the year then ended and the report thereon of the Company’s independent public or certified public accountants; (ii) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock or debt securities (including the holders of the Securities), if, in each case, such documents are not filed with the Commission within the time periods specified by the Commission’s rules and regulations under Section 13 or 15 of the Exchange Act.

Appears in 6 contracts

Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.)

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Future Reports to the Representative. At any time when During the Company is not subject to Section 13 or 15 period of the Exchange Act and any Securities remain outstanding, two years hereafter the Company will furnish to the Representative (i) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company Guarantor containing the balance sheet of the Company Guarantor as of the close of such fiscal year and statements of operationsincome, shareholdersstockholders’ equity and cash flows for the year then ended and the report opinion thereon of the CompanyGuarantor’s independent public or certified public accountants; (ii) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company Guarantor with the Commission, FINRA the Financial Industry Regulatory Authority (“FINRA”) or any securities exchange; and (iii) as soon as available, copies of any publicly available report or communication of the Company or the Guarantor mailed generally to holders of its capital stock or debt securities (including the holders of the Securities), if, in each case, such documents are not filed with the Commission within the time periods specified by the Commission’s rules and regulations under Section 13 or 15 of the Exchange Actstock.

Appears in 4 contracts

Samples: Purchase Agreement (Anixter International Inc), Purchase Agreement (Anixter International Inc), Underwriting Agreement (Anixter International Inc)

Future Reports to the Representative. At any time when During the Company is not subject to Section 13 or 15 period of the Exchange Act and any Securities remain outstanding, two years hereafter the Company will furnish to the Representative (i) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of operationsincome, shareholdersstockholders’ equity and cash flows for the year then ended and the report opinion thereon of the Company’s independent public or certified public accountants; (ii) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, FINRA the Financial Industry Regulatory Authority, Inc. (“FINRA”) or any securities exchange; and (iii) to the extent not available on the Commission’s XXXXX filing system, as soon as available, copies of any publicly available report or communication of the Company mailed generally to holders of its capital stock or debt securities (including the holders of the Securities), if, in each case, such documents are not filed with the Commission within the time periods specified by the Commission’s rules and regulations under Section 13 or 15 of the Exchange Actstock.

Appears in 2 contracts

Samples: Underwriting Agreement (Patterson Uti Energy Inc), Underwriting Agreement (Bill Barrett Corp)

Future Reports to the Representative. At any time when the Company is not subject to the reporting requirements of Section 13 or 15 of the Exchange Act and any Securities Notes remain outstanding, the Company will furnish to the Representative and, upon request, to each of the other Initial Purchasers: (i) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of operationsincome, shareholdersstockholders’ equity and cash flows for the year then ended and the report opinion thereon of the Company’s independent public or certified public accountants; (ii) to the extent not available on the Commission’s XXXXX filing system, as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, FINRA the Financial Industry Regulatory Authority, Inc. (“FINRA”) or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock or debt securities (including the holders of the SecuritiesNotes); provided that, ifif the Company is not subject to the reporting requirements of Section 13 or 15 of the Exchange Act and the Company elects to voluntarily file such documents with the Commission, in each case, the requirements of this SECTION 3(p) shall not apply if such documents are not filed with the Commission within the time periods specified by the Commission’s rules and regulations under Section 13 or 15 of the Exchange Act.

Appears in 1 contract

Samples: Purchase Agreement (CBIZ, Inc.)

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Future Reports to the Representative. At any time when the Company is not subject to Section 13 or 15 of the Exchange Act and any Securities remain outstanding, the Company will furnish to the Representative (i) to the extent not available on the Commission’s XXXXX filing EDGXX xxling system, as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of operations, shareholders’ equity and cash flows for the year then ended and the report thereon of the Company’s independent public or certified public accountants; (ii) to the extent not available on the Commission’s XXXXX filing EDGXX xxling system, as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K10‑K, Quarterly Report on Form 10-Q10‑Q, Current Report on Form 8-K 8‑K or other report filed by the Company with the Commission, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock or debt securities (including the holders of the Securities), if, in each case, such documents are not filed with the Commission within the time periods specified by the Commission’s rules and regulations under Section 13 or 15 of the Exchange Act.

Appears in 1 contract

Samples: Underwriting Agreement (Penske Automotive Group, Inc.)

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