Common use of Information Available Clause in Contracts

Information Available. So long as a registration statement is effective covering the resale of the Investor Shares and the Warrant Shares, the Company will furnish to the Investor: (1) As soon as practicable after available (but in the case of the Company’s Annual Report to Shareholders, within one hundred twenty (120) days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants), (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K or equivalent form, (iii) its Quarterly Reports to Shareholders, (iv) if not included in substance in its Quarterly Reports to Shareholders, its quarterly reports on Form 10-Q or equivalent form, and (v) a full copy of the particular registration statement covering the Shares (the foregoing, in each case, excluding exhibits); and (2) Upon the reasonable request of the Investor, all exhibits to the reports and registration statement provided to the Investor pursuant to subparagraph (1) of this Section 5(g) and all other information that is made available to shareholders; (3) 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 Investor Shares and the Warrant 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.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Shares owned by the Investor Shares and the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser: (1a) As as soon as practicable after available (but in the case of the Company’s 's Annual Report to ShareholdersStockholders, within one hundred twenty (120) 150 days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles in the United States of America by a national firm of certified public accountantsaccountants of recognized standing), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, upon the request of the Purchaser, its Annual Report on Form 10-K or equivalent formK, (iii) upon the request of the Purchaser, each of its Quarterly Reports to Shareholdersits stockholders and, (iv) if not included in substance in its Quarterly Reports quarterly report to Shareholdersstockholders, its quarterly reports report on Form 10-Q or equivalent formQ, and (viv) a full copy of the particular registration statement covering the Shares Registration Statement (the foregoing, in each case, excluding exhibits); (b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(iv) of this Section 7.5; and (2c) Upon upon the reasonable request of the InvestorPurchaser, all exhibits to the reports and registration statement provided to the Investor pursuant to subparagraph (1) of this Section 5(g) and all other information that is made available to shareholders; (3) Upon the a 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 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 Registration Statement covering the Investor Shares and the Warrant Shares and will otherwise reasonably cooperate with any Investor Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor’s Purchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters, subject to appropriate confidentiality limitations.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Shares owned by the Investor Shares and the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser: (1a) As as soon as practicable after available (but in the case of the Company’s 's Annual Report to ShareholdersStockholders, within one hundred twenty (120) 150 days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles in the United States of America by a national firm of certified public accountantsaccountants of recognized standing), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, upon the request of the Purchaser, its Annual Report on Form 10-K or equivalent formK, (iii) upon the request of the Purchaser, each of its Quarterly Reports to Shareholdersits stockholders and, (iv) if not included in substance in its Quarterly Reports quarterly report to Shareholdersstockholders, its quarterly reports report on Form 10-Q or equivalent formQ, and (viv) a full copy of the particular registration statement covering the Shares Registration Statement (the foregoing, in each case, excluding exhibits); (b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(iv) of this Section 7.6; and (2c) Upon upon the reasonable request of the InvestorPurchaser, all exhibits to the reports and registration statement provided to the Investor pursuant to subparagraph (1) of this Section 5(g) and all other information that is made available to shareholders; (3) Upon the a 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 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 Registration Statement covering the Investor Shares and the Warrant Shares and will otherwise reasonably cooperate with any Investor Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor’s Purchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters, subject to appropriate confidentiality limitations.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Stock owned by the Investor Shares and the Warrant SharesInvestor, the Company will furnish to the Investor: (1a) As as soon as practicable after available (but in the case of the Company’s Annual Report to Shareholders, within one hundred twenty (120) days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, its Annual Report on Form 10-K or equivalent formK, (iii) its Quarterly Reports to Shareholders, (iv) if not included in substance in its Quarterly Reports to ShareholdersStockholders, its quarterly reports Quarterly Reports on Form 10-Q or equivalent formQ, and (viv) a full copy of the particular registration statement Registration Statement covering the Shares Stock (the foregoing, in each case, excluding exhibits); and; (2b) Upon upon the reasonable request of the Investor, all exhibits to excluded by the reports and registration statement provided to the Investor pursuant parenthetical to subparagraph (1a)(iv) of this Section 5(g) 7.5 and all other information that is made available to shareholders;stockholders; and (3c) Upon 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 Registration Statement covering the Investor Shares and the Warrant Shares Stock and will otherwise reasonably 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 the form and substance reasonably satisfactory to the Company with the Company with respect thereto.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of the Investor Conversion Shares and owned by the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser: (1a) As as soon as practicable after available (but in the case of the Company’s Annual Report to Shareholdersthe Stockholders, within one hundred twenty (120) 150 days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, upon the request of Purchaser, its Annual Report on Form 10-K or equivalent formK, (iii) its Quarterly Reports to Shareholders, (iv) if not included in substance in its Quarterly Reports to Shareholdersupon request of Purchaser, its quarterly reports on Form 10-Q or equivalent formQ, and (viv) a full copy of the particular registration statement Registration Statement covering the Conversion Shares (the foregoing, in each case, excluding exhibits); and; (2b) Upon upon the reasonable request of the InvestorPurchaser, all exhibits to the reports and registration statement provided to the Investor pursuant to subparagraph (1) of this Section 5(g) and all other information that is made available to shareholders; (3) Upon the a reasonable request of the Investor, an adequate number of copies of the prospectuses Prospectuses, and any supplements thereto, to supply to any other party requiring such prospectusesProspectuses; and and (c) the Company, upon the reasonable request of the InvestorPurchaser and with prior notice, will meet with be available to the Investor Purchaser or a representative thereof at the Company’s headquarters to discuss all information relevant for disclosure in the registration statement Registration Statement covering the Investor Shares and the Warrant Conversion Shares and will otherwise reasonably 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, subject to appropriate confidentiality limitations.

Information Available. So long as a registration statement the Resale Registration Statement is effective covering the resale of Shares owned by the Investor Shares and the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser: (1a) As as soon as practicable after available (but in the case of the Company’s 's Annual Report to ShareholdersStockholders, within one hundred twenty (120) 120 days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, upon the request of the Purchaser, its Annual Report on Form 10-K or equivalent formK, (iii) upon the request of the Purchaser, its Quarterly Reports to Shareholderson Form 10-Q, (iv) if not included in substance in its Quarterly Reports to Shareholdersupon the request of the Purchaser, its quarterly reports Current Reports on Form 108-Q or equivalent formK, and (v) a full copy of the particular registration statement Resale Registration Statement covering the Shares (the foregoing, in each case, excluding exhibits); (b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(v) of this Section 7.5; and (2c) Upon upon the reasonable request of the InvestorPurchaser, all exhibits to the reports and registration statement provided to the Investor pursuant to subparagraph (1) of this Section 5(g) and all other information that is made available to shareholders; (3) Upon the a 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 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 Resale Registration Statement covering the Investor Shares and the Warrant Shares and will otherwise reasonably cooperate with any Investor the Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor’s Purchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters, subject to appropriate confidentiality limitations.

Information Available. So long as a registration statement is effective the Registration Statement covering the resale of Shares owned by the Investor Shares and the Warrant SharesPurchaser is effective, the Company will furnish to the InvestorPurchaser: n (1) As upon request, as soon as practicable after available (but in the case of the Company’s Annual Report to Shareholders, within one hundred twenty (120) 120 days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles in the United States by a national firm of certified public accountantsaccountants of recognized standing), (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K or equivalent formK, (iii) each of its Quarterly Reports to ShareholdersShareholders and, (iv) if not included in substance in its Quarterly Reports to Shareholders, its quarterly reports on Form 10-Q or equivalent formQ, and (viv) a full copy of the particular registration statement Registration Statement covering the Shares (the foregoing, in each case, excluding exhibits); and; n (2) Upon the reasonable request of the Investorupon request, all exhibits excluded by the parenthetical to the reports and registration statement provided to last clause of the Investor pursuant to subparagraph (1) of this Section 5(g) immediately preceding paragraph and all other information that is made generally available to shareholdersthe public; n (3) Upon upon the reasonable request of the InvestorPurchaser, an adequate a reasonable number of copies of the prospectuses to supply to any other party requiring such prospectusessatisfy its prospectus delivery requirements under the Securities Act; 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 Registration Statement covering the Investor Shares and the Warrant Shares and will otherwise reasonably cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor’s exposure subject to liability under the Securities Act, including the reasonable production of information at the Company’s headquartersappropriate confidentiality limitations.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Shares owned by the Investor Shares and the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser: (1a) As as soon as practicable after available (but in the case of the Company’s 's Annual Report to Shareholders, within one hundred twenty (120) days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants), (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K or equivalent formK, (iii) its Quarterly Reports to Shareholders, (iv) if not included in substance in its Quarterly Reports to Shareholders, its quarterly reports on Form 10-Q or equivalent formQ, and (v) a full copy of the particular registration statement Registration Statement covering the Shares (the foregoing, in each case, excluding exhibits); and; (2b) Upon upon the reasonable request of the InvestorPurchaser, all exhibits to excluded by the reports and registration statement provided to the Investor pursuant parenthetical to subparagraph (1a)(v) of this Section 5(g) 7.7 and all other information that is made available to shareholders;; and (3c) Upon upon the reasonable request of the InvestorPurchaser, an adequate number of copies of the prospectuses to supply to any other party requiring such prospectuses; 11 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 Registration Statement covering the Investor Shares and the Warrant Shares and will otherwise reasonably cooperate with any Investor Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor’s Purchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Underlying Shares owned by the Investor Shares and the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser: (1a) As as soon as practicable after available (but in the case of the Company’s 's Annual Report to ShareholdersStockholders, within one hundred twenty (120) 150 days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles in the United States of America by a national firm of certified public accountantsaccountants of recognized standing), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, upon the request of the Purchaser, its Annual Report on Form 10-K or equivalent formK, (iii) upon the request of the Purchaser, each of its Quarterly Reports to Shareholdersits stockholders and, (iv) if not included in substance in its Quarterly Reports quarterly report to Shareholdersstockholders, its quarterly reports report on Form 10-Q or equivalent formQ, and (viv) a full copy of the particular registration statement covering the Shares Registration Statement (the foregoing, in each case, excluding exhibits); (b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(v) of this Section 7.5; and (2c) Upon upon the reasonable request of the InvestorPurchaser, all exhibits to the reports and registration statement provided to the Investor pursuant to subparagraph (1) of this Section 5(g) and all other information that is made available to shareholders; (3) Upon the a 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 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 Registration Statement covering the Investor Shares and the Warrant Underlying Shares and will otherwise reasonably cooperate with any Investor Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor’s Purchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters, subject to appropriate confidentiality limitations.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Shares owned by the Investor Shares and the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser, upon its request: (1a) As as soon as practicable after available (but in the case of the Company’s 's Annual Report to ShareholdersStockholders, within one hundred twenty the later of (120i) 120 days after the end of each fiscal year of the Company or (ii) the date six weeks prior to the Company's annual meeting), one copy of (i) its Annual Report to Shareholders Stockholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, upon the request of the Purchaser, its Annual Report on Form 10-K or equivalent formK, (iii) upon the request of the Purchaser, its Quarterly Reports to Shareholderson Form 10-Q, (iv) if not included in substance in its Quarterly Reports to Shareholdersupon the request of the Purchaser, its quarterly reports Current Reports on Form 108-Q or equivalent formK, and (v) a full copy of the particular registration statement Registration Statement covering the Shares (the foregoing, in each case, excluding exhibits); (b) all exhibits excluded by the parenthetical to subparagraph (a)(v) of this Section 7.5; and (2c) Upon the a reasonable request of the Investor, all exhibits to the reports and registration statement provided to the Investor pursuant to subparagraph (1) of this Section 5(g) and all other information that is made available to shareholders; (3) 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 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 Registration Statement covering the Investor Shares and the Warrant Shares and will otherwise reasonably cooperate with any Investor Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor’s Purchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters, subject to appropriate confidentiality limitations.

Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Shares owned by the Investor Shares and the Warrant SharesPurchaser, the Company will furnish to the InvestorPurchaser: (1a) As as soon as practicable after available (but in the case of the Company’s 's Annual Report to Shareholders, within one hundred twenty (120) days after the end of each fiscal year of the Company), one copy of (i) its Annual Report to Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles by a national firm of certified public accountants), (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K or equivalent formK, (iii) its Quarterly Reports to Shareholders, (iv) if not included in substance in its Quarterly Reports to Shareholders, its quarterly reports on Form 10-Q or equivalent formQ, and (v) a full copy of the particular registration statement Registration Statement covering the Shares (the foregoing, in each case, excluding exhibits); and; (2b) Upon upon the reasonable request of the InvestorPurchaser, all exhibits to excluded by the reports and registration statement provided to the Investor pursuant parenthetical to subparagraph (1a)(v) of this Section 5(g) 7.7 and all other information that is made available to shareholders;; and (3c) Upon 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 Registration Statement covering the Investor Shares and the Warrant Shares and will otherwise reasonably cooperate with any Investor Purchaser conducting an investigation for the purpose of reducing or eliminating such Investor’s Purchaser's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters.