Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor: (a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits); (b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and (c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Adolor Corp), Stock Purchase Agreement (Pharmacopeia Inc), Stock Purchase Agreement (Amylin Pharmaceuticals Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investora Purchaser, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available via the SEC’s XXXXX system or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorPurchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the InvestorPurchaser, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investora Purchaser, will meet with the Investor each Purchaser or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any Investor the Purchasers conducting an investigation for the purpose of reducing or eliminating such Investor's the Purchasers’ exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor a Purchaser until and unless the Investor that Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Mattersight Corp), Unit Purchase Agreement (Vertex Energy Inc.), Common Stock Purchase Agreement (Mattersight Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish (or to the extent such information is available electronically through the Company's filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Endocardial Solutions Inc), Stock Purchase Agreement (Endocardial Solutions Inc), Stock Purchase Agreement (Endocardial Solutions Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, provided that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Rita Medical Systems Inc), Stock Purchase Agreement (Rita Medical Systems Inc), Stock Purchase Agreement (Rita Medical Systems Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish (or to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Endocardial Solutions Inc), Stock Purchase Agreement (Endocardial Solutions Inc), Stock Purchase Agreement (Endocardial Solutions Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Underlying Shares owned by the InvestorPurchaser, the Company will furnish to the InvestorPurchaser:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the InvestorPurchaser, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the InvestorPurchaser, will meet with the Investor Purchaser or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Underlying Shares and will otherwise cooperate with any Investor the Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor's the Purchaser’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor the Purchaser until and unless the Investor Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (Natural Health Trends Corp), Stock and Warrant Purchase Agreement (Natural Health Trends Corp), Stock and Warrant Purchase Agreement (Natural Health Trends Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 3 contracts
Samples: Stock Purchase Agreement (United Therapeutics Corp), Stock Purchase Agreement (Neurocrine Biosciences Inc), Stock Purchase Agreement (LJL Biosystems Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investora Holder, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to such Holder:
(a) a. as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified an independent registered public accountants) accounting firm), and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) b. upon the reasonable request of the Investorsuch Holder, all exhibits excluded by the parenthetical to subparagraph subsection (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholders; and
(c) c. upon the reasonable request of the Investora Holder, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investora Holder, will meet with the Investor such Holder or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any Investor such Holder conducting an investigation for the purpose of reducing or eliminating such Investor's Holder’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, however, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor such Holder until and unless the Investor such Holder shall have entered into a confidentiality agreement agreement, in form and substance reasonably satisfactory to the Company Company, with the Company with respect thereto.
Appears in 3 contracts
Samples: Registration Rights Agreement (Ediets Com Inc), Registration Rights Agreement (Prides Capital Partners, LLC), Registration Rights Agreement (Ediets Com Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the InvestorInvestors, the Company will furnish to the InvestorInvestors:
(a) Unless otherwise electronically available on XXXXX, as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB and (iii) its Quarterly Reports on Form 10-QSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorInvestors, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the InvestorInvestors, an adequate number of copies of the Prospectuses prospectuses to supply to any other party requiring such Prospectuses; prospectuses. Further, and the Company, upon the reasonable request of the InvestorInvestors, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor Investors or a their representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Power Efficiency Corp), Securities Purchase Agreement (Power Efficiency Corp), Securities Purchase Agreement (Power Efficiency Corp)
Information Available. So long as the any Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investora Holder, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to such Holder:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified an independent registered public accountants) accounting firm, and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investorsuch Holder, all exhibits excluded by the parenthetical to subparagraph subsection (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investorsuch Holder, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investorsuch Holder, will meet with the Investor such Holder or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any Investor such Holder conducting an investigation for the purpose of reducing or eliminating such Investor's Holder’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor such Holder until and unless the Investor such Holder shall have entered into a confidentiality agreement agreement, in form and substance reasonably satisfactory to the Company Company, with the Company with respect thereto.
Appears in 3 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (Prides Capital Partners, LLC), Registration Rights Agreement (Ediets Com Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company's filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters during the Company's normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ats Medical Inc), Stock Purchase Agreement (Ats Medical Inc), Stock Purchase Agreement (Vascular Solutions Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish (or to the extent such information is available electronically through the Company's filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits)) and (iii) its Quarterly Reports on 10-Q;
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Act Teleconferencing Inc), Stock Purchase Agreement (Buca Inc /Mn)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Principal Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Stock and Warrant Purchase Agreement (Insmed Inc), Stock and Warrant Purchase Agreement (Rita Medical Systems Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (J Jill Group Inc), Stock Purchase Agreement (Carreker Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Second Closing Shares owned by the any Investor, the Company will furnish to the each such Investor:
(a) as soon as practicable after it is availabledelivered to the Company’s other stockholders, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited prepared in accordance with generally accepted accounting principles in the United States of America by a national firm of certified public accountantsthe Company) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the such Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the such Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the such Investor, will meet with the such Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Second Closing Shares and will otherwise cooperate with any such Investor in conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any such Investor until and unless the such Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Note Purchase Agreement (Micro Therapeutics Inc), Note Purchase Agreement (Micro Therapeutics Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Preferred Stock and Warrant Purchase Agreement (Cornerstone Equity Investors Iv Lp), Preferred Stock and Warrant Purchase Agreement (Novatel Wireless Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain consolidated financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.6 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (EnteroMedics Inc), Securities Purchase Agreement (NeuroMetrix, Inc.)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is availabledelivered to the Company's other stockholders, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Micro Therapeutics Inc), Securities Purchase Agreement (Micro Investment LLC)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the any Investor, the Company will furnish to the each such Investor:
(a) as soon as practicable after it is availabledelivered to the Company's other stockholders, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the such Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the such Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the such Investor, will meet with the such Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any such Investor in conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any such Investor until and unless the such Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Micro Investment LLC), Securities Purchase Agreement (Micro Therapeutics Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB unless available on the SEC's EDGAR website (www.sec.gov), and (iii) its Quarterly Reports on Form 00-XSB (the foregoingfoxxxxxxx, in xx each case, excluding exhibits)) unless available on the SEC's EDGAR website;
(b) upon the reasonable request of the Investor, all xxx exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Spire Corp), Stock Purchase Agreement (Spire Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Conversion Shares and Dividend Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, available one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K K, (iii) if not included in substance in its Quarterly Reports to Stockholders, its Quarterly Reports on Form 10-Q, and (iv) a full copy of the particular Registration Statement covering the Conversion Shares and Dividend Shares (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia)(iv) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses prospectuses to supply to any other party requiring such Prospectusesprospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Conversion Shares and Dividend Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that that, the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in the form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Bb Biotech Ag), Series B Preferred Stock Purchase Agreement (Alexion Pharmaceuticals Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Common Shares owned by the Investora Purchaser, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available via the SEC’s XXXXX system or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorPurchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the InvestorPurchaser, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investora Purchaser, will meet with the Investor each Purchaser or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Common Shares and will otherwise reasonably cooperate with any Investor the Purchasers conducting an investigation for the purpose of reducing or eliminating such Investor's the Purchasers’ exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor a Purchaser until and unless the Investor that Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Convertible Note and Warrant Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.), Common Stock and Warrant Purchase Agreement (Research Frontiers Inc)
Information Available. So long as the any Registration Statement is effective covering the resale of Shares Registrable Securities owned by the InvestorHolder, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Holder:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified an independent registered public accountants) accounting firm, and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorHolder, all exhibits excluded by the parenthetical to subparagraph subsection (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the InvestorHolder, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the InvestorHolder, will meet with the Investor Holder or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any Investor the Holder conducting an investigation for the purpose of reducing or eliminating such Investor's the Holder’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor the Holder until and unless the Investor Holder shall have entered into a confidentiality agreement agreement, in form and substance reasonably satisfactory to the Company Company, with the Company with respect thereto.
Appears in 2 contracts
Samples: Registration Rights Agreement (Prides Capital Partners, LLC), Registration Rights Agreement (Ediets Com Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Common Shares owned by the Investora Purchaser, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available via the SEC’s EXXXX system or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorPurchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the InvestorPurchaser, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investora Purchaser, will meet with the Investor each Purchaser or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Common Shares and will otherwise reasonably cooperate with any Investor the Purchasers conducting an investigation for the purpose of reducing or eliminating such Investor's the Purchasers’ exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor a Purchaser until and unless the Investor that Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Pacific Grove Capital LP), Common Stock and Warrant Purchase Agreement (Monaker Group, Inc.)
Information Available. (a) So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(ai) as soon as practicable after it is available, one copy of (iA) its Annual Report to Stockholders (which Annual Report shall will contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (iiB) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(bii) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iiSection 7.5(a)(i)(B) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(ciii) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and .
(b) So long as the CompanyRegistration Statement is effective covering the resale of Shares owned by the Investor, upon the reasonable request of the Investor, the Company will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with the Investor in connection with any investigation conducted by the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, provided that the Company shall will not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have has entered into a confidentiality agreement with the Company in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Energy Conversion Devices Inc), Stock Purchase Agreement (Energy Conversion Devices Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Securities owned by the Investora Purchaser, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available via the SEC’s XXXXX system or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorPurchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the InvestorPurchaser, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investora Purchaser, will meet with the Investor each Purchaser or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Securities and will otherwise reasonably cooperate with any Investor the Purchasers conducting an investigation for the purpose of reducing or eliminating such Investor's the Purchasers’ exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor a Purchaser until and unless the Investor that Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Magnegas Corp), Common Stock and Warrant Purchase Agreement (Magnegas Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the InvestorPurchaser, the Company will furnish to the InvestorPurchaser:
(a) as soon as practicable after it is available, available one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, upon the request of the Purchaser, its Annual Report on Form 10-K K, (iii) upon the request of the Purchaser, its Quarterly Reports on Form 10-Q, (iv) upon the request of the Purchaser, its Current Reports on Form 8-K, and (v) a full copy of the particular Registration Statement covering the Shares (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorPurchaser, all exhibits excluded by the parenthetical to subparagraph (a)(iia)(v) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders8.5; and
(c) upon the reasonable request of the InvestorPurchaser, an adequate a reasonable number of copies of the Prospectuses prospectuses to supply to any other party requiring such Prospectusesprospectuses; and the Company, upon the reasonable request of the InvestorPurchaser, will meet with the Investor Purchaser or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor Purchaser conducting an investigation for the purpose of reducing or eliminating such InvestorPurchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required subject to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a appropriate confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect theretolimitations.
Appears in 2 contracts
Samples: Purchase Agreement (Compudyne Corp), Purchase Agreement (Amylin Pharmaceuticals Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement with respect thereto in form and substance reasonably satisfactory to the Company with the Company with respect theretoCompany.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ciber Inc), Stock Purchase Agreement (Euronet Worldwide Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) ), and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholdersK; and
(cb) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Crosswalk Com), Stock Purchase Agreement (Crosswalk Com)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Warburg Pincus Ventures Lp), Stock Purchase Agreement (Medicines Co/ Ma)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Securities owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company's filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its most recent Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified an independent registered public accountants) accounting firm, and (ii) if not included in substance in the Annual Report to Stockholders, its most recent Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph Subsection (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters during the Company's normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Securities and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement agreement, in form and substance reasonably satisfactory to the Company Company, with the Company with respect thereto.
Appears in 2 contracts
Samples: Registration Rights Agreement (Weikang Bio-Technology Group Co Inc), Registration Rights Agreement (China Energy Recovery, Inc.)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Principal Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in 10 form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-–K and (iii) its Quarterly Reports on Form 10–Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC Commission and all other information that is made available to shareholdersthe stockholders of the Company; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to to, or meet at its headquarters with with, any Investor until and unless the Investor shall have entered into a confidentiality agreement with the Company with respect thereto in form and substance reasonably satisfactory to the Company with the Company with respect theretoCompany.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares Securities owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its most recent Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified an independent registered public accountants) accounting firm, and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its most recent Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph subsection (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Securities and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement agreement, in form and substance reasonably satisfactory to the Company Company, with the Company with respect thereto.
Appears in 1 contract
Samples: Registration Rights Agreement (Perfectenergy International LTD)
Information Available. So long as the Registration Statement is effective covering the resale of Preferred Shares and Warrant Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Conversion Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report Reports to Stockholders (which Annual Report Reports shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report Reports to Stockholders, its Annual Report Reports on Form 10-K K, (iii) its Quarterly Reports on Form 10-Q, and (iv) a full copy of the particular Registration Statement covering the Shares (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia)(iv) of this Section 7.5 7.6 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Ariad Pharmaceuticals Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies the President or the Chief Financial Officer of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Parkervision Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies the President or the Chief Financial Officer of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish to the Investor upon reasonable request from the Investor:
(a) as soon as practicable after it is available, one copy of (i) its any Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) accountants that is independent and in good standing), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an a reasonably adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Acusphere Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB and (iii) its Quarterly Reports on Form 10-QSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies the President or the Chief Financial Officer of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Vitacube Systems Holdings Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and the Warrant Shares owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares and the Warrant Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available via the SEC’s XXXXX system or any successor thereto) to Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof its representatives at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any Investor conducting an Investor’s investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Registration Rights Agreement (Northern Oil & Gas, Inc.)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as reasonably practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC (excluding any unredacted version of an exhibit subject to a pending confidential treatment request or an order granting such a request) and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish make available to the InvestorInvestor through the Company’s XXXXX filings or by delivery on request:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits)) and (iii) its Quarterly Reports on 10-Q;
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of up to 20 copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Avistar Communications Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish make available to the InvestorInvestor through the Company’s XXXXX filings or by delivery on request:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits)) and (iii) its Quarterly Reports on 10-Q;
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Securities and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Act Teleconferencing Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; andstockholders;
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.; and
Appears in 1 contract
Samples: Stock Purchase Agreement (Incyte Pharmaceuticals Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Common Shares owned by the Investora Purchaser, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the SEC, the Company will make available via the SEC’s EXXXX system or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorPurchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the InvestorPurchaser, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investora Purchaser, will meet with the Investor each Purchaser or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Common Shares and will otherwise reasonably cooperate with any Investor the Purchasers conducting an investigation for the purpose of reducing or eliminating such Investor's the Purchasers’ exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor a Purchaser until and unless the Investor that Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, upon the reasonable request of the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Principal Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Inhibitex Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Compex Technologies Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the InvestorInvestors, the Company will furnish to the InvestorInvestors:
(a) Unless otherwise electronically available on EXXXX, as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorInvestors, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the InvestorInvestors, an adequate number of copies of the Prospectuses prospectuses to supply to any other party requiring such Prospectuses; prospectuses. Further, and the Company, upon the reasonable request of the InvestorInvestors, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor Investors or a their representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and Investor all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Endocardial Solutions Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company's filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K KSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters during the Company's normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Global Entertainment Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is availableupon the reasonable request of the Investor, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and Warrant Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the any Registration Statement is effective covering the resale of Shares Registered Securities owned by the InvestorInvestors, the Company will furnish to the InvestorInvestors:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the any Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 7.3 as filed with the SEC and all other information that is made available to shareholders; and
(c) and upon the reasonable request of the any Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the any Investor, will meet with the such Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the such Registration Statement covering the Shares Registered Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the such Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Biocryst Pharmaceuticals Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares the Registrable Securities owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB and (iii) its Quarterly Reports on Form 10-QSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 10.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies the President or the Chief Financial Officer of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Subscription Agreement (AeroGrow International, Inc.)
Information Available. So long as the Registration Statement is effective covering the resale of Shares and Warrant Shares owned by the Investor, the Company will furnish make available to the InvestorInvestor through the Company’s XXXXX filings or by delivery on request:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and Shareholders, (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits)) and (iii) its Quarterly Reports on 10-Q;
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Securities and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Act Teleconferencing Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available via the SEC’s XXXXX system) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement --------------------- is effective covering the resale of Shares owned by the InvestorInvestors, the Company will furnish to the each Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and principles), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K KSB and (iii) its Quarterly Reports on Form 10-QSB (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorInvestors, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the InvestorInvestors, an adequate number of copies the President or the Chief Financial Officer of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Integral Technologies Inc /Cn/)
Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.6 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares Securities owned by the Investor, the Company will furnish or otherwise make available to the Investor:
(a) as soon as practicable after it is available, one copy (excluding exhibits) of (i) its Annual Report to Stockholders (on Form 10-K, which Annual Report on Form 10-K shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 8.11 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Companyand, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of the Registered Shares owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 7.4 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Registered Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Genaissance Pharmaceuticals Inc)
Information Available. So long as the Registration Statement is ---------------------- effective covering the resale of Shares owned by the Investor, the Company will furnish to the Investor upon reasonable request from the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Principal Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Purchase Agreement (Lifecell Corp)
Information Available. So long as the any Registration Statement is effective covering the resale of Shares Registrable Securities owned by the InvestorInvestors, the Company will furnish to the InvestorInvestors via electronic mail or regular mail:
(a) 4.1. as soon as practicable after it is available, one copy of (iA) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (iiB) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) 4.2. upon the reasonable request of the any Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iiSection 4.1(B) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) and upon the reasonable request of the any Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the any Investor, will meet with the such Investor or a representative thereof at the Company's ’s headquarters to discuss all information relevant for disclosure in the such Registration Statement covering the Shares Registrable Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, provided that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the such Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investor, the Company will furnish or otherwise make available to the Investor:
(a) as soon as practicable after it is available, one copy (excluding exhibits) of (i) its Annual Report to Stockholders (on Form 10-K, which Annual Report on Form 10-K shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Samples: Securities Purchase Agreement (Odyssey Marine Exploration Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Underlying Shares owned by the InvestorPurchaser, the Company will furnish to or otherwise make available to the InvestorPurchaser upon the Purchaser's request:
(a1) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b2) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 5(e) as filed with the SEC and all other information that is made available to shareholders;
(3) a full copy of the Registration Statement; and
(c4) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses prospectuses to supply to any other party requiring such Prospectusesprospectuses; and the Company, upon the reasonable request of the InvestorPurchaser, the Company will meet with the Investor Purchaser or a representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Underlying Shares and will otherwise cooperate with any Investor conducting an investigation the Purchaser for the purpose of reducing or eliminating such InvestorPurchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor Purchaser until and unless the Investor Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares and the AIR Shares owned by the Investor, the Company will furnish (or, to the extent such information is available electronically through the Company’s filings with the SEC, the Company will make available) to the Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Stockholders Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to StockholdersShareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 7.5 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the Company, upon the reasonable request of the Investor, will meet with the Investor or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Shares and the AIR Shares and will otherwise reasonably cooperate with any the Investor conducting an investigation for the purpose of reducing or eliminating such the Investor's ’s exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any the Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Additional Registration Statement is effective covering the resale of Shares Registrable Securities owned by the Investora designee, the Company will furnish (or, to the Investorextent such information is available electronically through the Company’s filings with the Commission, the Company will make available via the Commission’s XXXXX system or any successor thereto) to each designee:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report annual report to Stockholders stockholders (which Annual Report annual report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Investordesignee, all exhibits excluded by to the parenthetical annual report to subparagraph (a)(ii) of this Section 7.5 stockholders as filed with the SEC Commission and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Investordesignee, an adequate number of copies of the Prospectuses prospectuses to supply to any other party requiring such Prospectusesprospectuses; and the Company, upon the reasonable request of the Investora designee, will meet with the Investor each designee or a representative thereof at the Company's ’s headquarters during the Company’s normal business hours to discuss all information relevant for disclosure in the Additional Registration Statement covering the Shares Registrable Securities and will otherwise reasonably cooperate with any Investor the designees conducting an investigation for the purpose of reducing or eliminating such Investor's the designees’ exposure to liability under the Securities Act, including the reasonable production of information at the Company's ’s headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor a designee until and unless the Investor that designee shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by the InvestorInvestors, the Company will furnish to the InvestorInvestors:
(a) Unless otherwise electronically available on EDGAR, as soon as practicable after xxxxr it is available, one copy of (i) its Annual Report to Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants) and ), (ii) if not included in substance in the Annual Report to Stockholders, its Annual Report on Form 10-K and (iii) its Quarterly Reports on Form 10-Q (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the InvestorInvestors, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 7.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the InvestorInvestors, an adequate number of copies of the Prospectuses prospectuses to supply to any other party requiring such Prospectuses; prospectuses. Further, and the Company, upon the reasonable request of the InvestorInvestors, the President or the Chief Financial Officer of the Company (or an appropriate designee thereof) will meet with the Investor Investors or a their representative thereof at the Company's headquarters to discuss all information relevant for disclosure in the Registration Statement covering the Shares Registrable Securities and will otherwise cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor's exposure to liability under the Securities Act, including the reasonable production of information at the Company's headquarters; provided, that the Company shall not be required to disclose any confidential information to or meet at its headquarters with any Investor until and unless the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
