Common use of Holder Information Clause in Contracts

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary form provided by counsel to the Company (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing date; provided that any holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities requested to be included up to the fifth (5th) Business Day prior to the effective date of the Shelf Registration Statement. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereof, no Each Holder of Registrable Securities shall be entitled seeking to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees must agree in writing to be bound by all of the provisions of this Agreement applicable to such Holder, Holder and the Holder furnishes deliver to the Company a fully completed notice and questionnaire in a reasonable and customary the form provided by counsel to the Company attached hereto as Exhibit C (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities lawslaws (which such request shall be made at least ten Business Days prior to the date of effectiveness of the Shelf Registration Statement). In order to be named as a selling shareholder securityholder in the Shelf Registration Statement at the time it is first made available for use, a and each Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing datedate of effectiveness of the Shelf Registration Statement; provided that any holder Holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities shares requested to be included up to the fifth (5th) second Business Day prior to the such effective date of the Shelf Registration Statementdate. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading. No Holder shall be permitted to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until it complies with the terms of this Section 2(a)(ii).

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary the form provided by counsel to the Company attached hereto as Exhibit C (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder securityholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing effective date; provided that any holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities shares requested to be included up to the fifth (5th) second Business Day prior to the effective date of the Shelf Registration Statementdate. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, Holder and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary the form provided by counsel to the Company attached hereto as Exhibit C (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. The Company shall provide the Questionnaire to persons receiving Preferred Stock pursuant to the Backstop Commitment Agreement, persons making the Convertible Mezz Loans and any other person known by the Company to be the beneficial owner of more than 10% of the outstanding Company Common Stock (provided that neither the delivery of a Questionnaire to any such 10% beneficial holder or the delivery of a Questionnaire solely with respect to securities constituting “restricted securities” shall not be deemed to reflect a determination that such beneficial owner is an “affiliate” of the Company). The Company shall provide notice to persons receiving Registrable Securities pursuant to the Plan regarding the filing of the Shelf Registration Statement and of the targeted effective date thereof in the matter provided in Section 10(f) or by means of either a press release through a reputable newswire service or a Current Report on Form 8-K filed with the Commission (which targeted effective date may be extended in the Company’s sole discretion by providing further notice by the same means). In order to be named as a selling shareholder securityholder in the Shelf Registration Statement at the time it is first made available for use, a each Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing dateeffective date as announced in the notice, press release or Current Report on Form 8-K filed with the Commission described above; provided that any holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities shares requested to be included up to the fifth (5th) second Business Day prior to the effective date of the Shelf Registration Statementdate. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, Holder and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary the form provided by counsel to the Company attached hereto as Exhibit C (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder securityholder in the Shelf Registration Statement at the time it is first made available for use, a each Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing dateEffective Date; provided that any holder Holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities shares requested to be included up to the fifth (5th) second Business Day prior to the such effective date of the Shelf Registration Statementdate. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereof, no Each Holder of Registrable Securities shall be entitled seeking to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to must deliver (which, for the avoidance of doubt, may be bound by all of the provisions of this Agreement applicable to such Holder, and the Holder furnishes email) to the Company a fully completed notice and questionnaire in a reasonable and customary substantially the form provided by counsel to the Company attached hereto as Exhibit A (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities lawslaws (which such request shall be made at least ten (10) Business Days prior to the date of effectiveness of a Registration Statement) in accordance with Section 13(n). In order to be named as a selling shareholder securityholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing datedate of effectiveness of the Shelf Registration Statement; provided that any holder Holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities requested to be included up to the fifth second (5th2nd) Business Day prior to the effective date of the Shelf Registration Statement. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary form provided by counsel to the Company (the “Selling Stockholder Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Selling Stockholder Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial anticipated filing datedate of the Shelf Registration Statement (the “Targeted Filing Date”); provided that any holder Holder providing a completed Selling Stockholder Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities shares requested to be included up to the fifth second (5th2nd) Business Day prior to the effective date of the Shelf Registration StatementTargeted Filing Date. Each Holder as to which any of Registrable Securities included in a Shelf Registration is being effected Statement agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary form provided by counsel to the Company (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder securityholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing effective date; provided that any holder Holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number aggregate principal amount of Registrable Securities requested to be included up to the fifth second (5th2nd) Business Day prior to the effective date of the Shelf Registration Statement. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary form provided by counsel to the Company (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing effective date; provided that any holder Holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number of Registrable Securities requested to be included up to the fifth second (5th2nd) Business Day prior to the effective date of the Shelf Registration Statement. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.

Holder Information. Notwithstanding any other provision hereofEach Holder whose Parent Shares are, no Holder of Registrable Securities shall be entitled or are to include any of its Registrable Securities in any be, registered on the Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees shall promptly furnish in writing to be bound by all of the provisions of this Agreement applicable to Parent such information regarding such Holder, the Parent Shares held by such Holder, the intended plan of distribution of such Parent Shares, and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary form provided by counsel to the Company (the “Questionnaire”) and such any other information regarding the same that may be required under applicable laws in writing connection with the registration of the Parent Shares as contemplated herein or that the Company Parent may from time to time reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing date; provided that any holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number performance of Registrable Securities requested to be included up to its obligations hereunder. Without limiting the fifth (5th) Business Day prior to the effective date generality of the Shelf Registration Statement. Each foregoing, each Holder as to which any Shelf Registration is being effected agrees to promptly furnish to the Company as promptly as practicable Parent all information with respect required to such Holder necessary be disclosed in order to make the information previously furnished to the Company Parent by or on behalf of such Holder not misleading, whether as a result of a material misstatement, material omission or otherwise. Each Holder agrees that the obligations of Parent under Section 1 shall be subject to the timely compliance by such Holder with the requirements of this Section 3. The Parent may, in its sole discretion, exclude from registration on the Shelf Registration Statement the Parent Shares of any Holder if such Holder fails to furnish the information reasonably requested by the Parent pursuant hereto within five (5) business days after receiving such request. The Parent may, in its sole discretion, but shall not materially be required to, cause any of the Parent Shares held by a Holder that were not previously included in and registered under the Shelf Registration Statement (or any amendment or supplement thereof) to be subsequently included in and registered under the Shelf Registration Statement through an appropriate amendment or supplement thereof. Any sale or other disposition of any Parent Shares by any Holder pursuant to the Shelf Registration Statement shall constitute a representation and warranty by such Holder that the information relating to such Holder and its plan of distribution is as set forth in the prospectus delivered by such Holder in connection with such sale or disposition, that such prospectus does not as of the time of such sale contain any untrue statement of a material fact relating to such Holder or its plan of distribution and that such prospectus does not as of the time of sale omit to state any material fact relating to such Holder or its plan of distribution necessary to make the statements in such prospectus, in the light of the circumstances under which they were made, not misleading. Each Holder agrees that it will promptly notify the Parent following any sale or other disposition of Parent Shares by such Holder pursuant to the Shelf Registration Statement by delivering a written notice to the Parent substantially in the form attached hereto as Exhibit A. In furtherance of each Holder’s obligations to provide the information referred to in this Section 3, concurrently with its execution and delivery of this Agreement, each such Holder is delivering to the Parent a completed and executed questionnaire in the form attached hereto as Exhibit B, and the Holder delivering the same hereby represents and warrants that the responses and other information provided by such Holder therein are true, correct and complete.

Holder Information. Notwithstanding any other provision hereof, no Holder of Registrable Securities shall be entitled to include any of its Registrable Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder agrees in writing to be bound by all of the provisions of this Agreement applicable to such Holder, and the Holder furnishes to the Company a fully completed notice and questionnaire in a reasonable and customary form provided by counsel to the Company (the “Questionnaire”) and such other information in writing as the Company may reasonably request in writing for use in connection with the Shelf Registration Statement or Prospectus included therein and in any application to be filed with or under state securities laws. In order to be named as a selling shareholder securityholder in the Shelf Registration Statement at the time it is first made available for use, a Holder must furnish the completed Questionnaire and such other information that the Company may reasonably request in writing, if any, to the Company in writing no later than the fifth (5th) Business Day prior to the targeted initial filing date; provided that any holder providing a completed Questionnaire within that time period may provide updated information regarding such Holder’s beneficial ownership and the number aggregate principal amount of Registrable Securities requested to be included up to the fifth (5th) Business Day prior to the effective date of the Shelf Registration Statement. Each Holder as to which any Shelf Registration is being effected agrees to furnish to the Company as promptly as practicable all information with respect to such Holder necessary to make the information previously furnished to the Company by such Holder not materially misleading.