Information Available. So long as the Registration Statement is effective covering the resale of Shares owned by a Purchaser, 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 ▇▇▇▇▇ system) to each Purchaser: (a) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits); (b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 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 Purchaser, 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 a Purchaser, will meet with each Purchaser 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 the Purchasers conducting an investigation for the purpose of reducing or eliminating the Purchasers’ 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 a Purchaser until and unless 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
Sources: Common Stock and Warrant Purchase Agreement (Pw Eagle Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by a Purchaserthe 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 ▇▇▇▇▇ systemavailable) to each Purchaserthe Eligible Investor:
(a) as soon as practicable after it is available, one copy of (i) its Annual Report to Shareholders 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 ShareholdersStockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the PurchaserInvestor, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 6.5 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 PurchaserEligible 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 a Purchaserthe Eligible Investor, will meet with each Purchaser the Eligible 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 Registrable Securities and will otherwise reasonably cooperate with the Purchasers Investor conducting an investigation for the purpose of reducing or eliminating the Purchasers’ 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 a Purchaser the Eligible Investor until and unless that Purchaser the Eligible 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 a each Purchaser, upon the reasonable request of each Purchaser, 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 ▇▇▇▇▇ system) to each Purchaser:
(a) as soon as practicable after it is available, 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) and ), (ii) if not included in substance in the Annual Report to Shareholders, 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 request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 6.5 11 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Purchaser, 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 a each Purchaser, the President or the principal financial officer of the Company (or an appropriate designee thereof) will meet with each Purchaser 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 the Purchasers any Purchaser conducting an investigation for the purpose of reducing or eliminating the Purchasers’ such Purchaser’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 a any Purchaser until and unless that each 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
Sources: Convertible Note Purchase Agreement (Big Dog Holdings Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Common Shares owned by a Purchaser, 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 ▇E▇▇▇▇ systemsystem or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to ShareholdersStockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 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 Purchaser, 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 a Purchaser, will meet with each Purchaser 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 Common Shares and will otherwise reasonably cooperate with the Purchasers conducting an investigation for the purpose of reducing or eliminating the Purchasers’ 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 a Purchaser until and unless 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 Restricted Shares owned by a Purchaserthe Investors, the Company Vital Images will furnish (or, to the extent such information is available electronically through the Company’s Vital Images’ filings with the SEC, the Company Vital Images will make available via the SEC’s ▇▇▇▇▇ systemavailable) to each Purchaserthe Investors:
(a1) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b2) upon the reasonable request of the PurchaserInvestor, all exhibits excluded by the parenthetical to subparagraph (a)(iiSection 6.13(f)(1) of this Section 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c3) upon the reasonable request of the Purchasereach Investor, an adequate number of copies of the Prospectuses to supply to any other party requiring such Prospectuses; and the CompanyVital Images, upon the reasonable request of a Purchasereach Investor, will meet with each Purchaser the Investor or a representative thereof at the Company’s Vital Images’ headquarters during the Company’s Vital Images’ normal business hours to discuss all information relevant for disclosure in the Registration Statement covering the Restricted Shares and will otherwise reasonably cooperate with the Purchasers Investor conducting an investigation for the purpose of reducing or eliminating the Purchasers’ Investor’s exposure to liability under the Securities Act, including the reasonable production of information at the Company’s Vital Images’ headquarters; provided, that the Company Vital Images shall not be required to disclose any confidential information to or meet at its headquarters with a Purchaser the Investor until and unless that Purchaser the Investor shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company Vital Images with the Company Vital Images 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 a Purchaser, 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 ▇▇▇▇▇ systemsystem or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 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 Purchaser, 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 a Purchaser, will meet with each Purchaser 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 Registrable Securities and will otherwise reasonably cooperate with the Purchasers conducting an investigation for the purpose of reducing or eliminating the Purchasers’ 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 a Purchaser until and unless 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
Sources: Common Stock and Warrant Purchase Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by a the Purchaser, 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 ▇▇▇▇▇ systemsystem or any successor thereto) to each the Purchaser:
(a) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(iia) of this Section 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 Purchaser, 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 a Purchaser, will meet with each the Purchaser 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 Registrable Securities and will otherwise reasonably cooperate with the Purchasers Purchaser conducting an investigation for the purpose of reducing or eliminating the Purchasers’ Purchaser’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 a the Purchaser until and unless that the 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
Sources: Common Stock Purchase Agreement (Fusion Connect, Inc.)
Information Available. So long as From the date of this Agreement through the date the Registration Statement is effective covering the resale of Shares owned by a Purchaserany Purchaser is no longer effective, 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 ▇▇▇▇▇ system) to each Purchaser:
(a) as soon as practicable after it is availableavailable (but in the case of the Company's Annual Report to Stockholders, within 120 days after the end of each fiscal year of the Company), one copy of 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) and );
(ii) if not included in substance in the Annual Report to ShareholdersStockholders, its Annual Report 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 request of the such Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the a reasonable request of the Purchaser, an adequate number of copies of the Prospectuses Prospectus to supply to any other party requiring such Prospectusesthe Prospectus; and the Company, upon the reasonable request of a each Purchaser, will meet with each the 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 and will otherwise reasonably cooperate with the Purchasers such Purchaser in conducting an investigation for the purpose of reducing or eliminating the Purchasers’ such 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 to, or meet at its headquarters with a with, any Purchaser until and unless that such 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 Registrable Securities owned by a the Purchaser, 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 ▇▇▇▇▇ systemsystem or any successor thereto) to each the Purchaser:
(a) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to ShareholdersStockholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 6.5 5.7 as filed with the SEC and all other information that is made available to shareholdersstockholders; and
(c) upon the reasonable request of the Purchaser, 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 a the Purchaser, will meet with each the Purchaser 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 Registrable Securities and will otherwise reasonably cooperate with the Purchasers Purchaser conducting an investigation for the purpose of reducing or eliminating the Purchasers’ Purchaser’s exposure to liability under the Securities Act, including the reasonable production of information at the Company’s headquarters; provided, that the Company shall is not be required to disclose any confidential information to or meet at its headquarters with a the Purchaser until and unless that the Purchaser shall have has entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (NANOPHASE TECHNOLOGIES Corp)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by a Purchaser, the Company will furnish to such Purchaser (or, to the extent unless such information document has been filed and is available electronically through on the Company’s filings with the SEC, the Company will make available via the SEC’s ▇▇▇▇▇ system) to each Purchaser:Commission's EDGAR database):
(a) as soon as practicable after it is availablea▇▇▇▇▇ble, 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) and ), (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K K, (iii) if not included in substance in its Quarterly Reports to Shareholders, its quarterly reports on Form 10-Q, (iv) its Current Reports on Form 8-K, and (v) a full copy of the particular Registration Statement covering the Registrable Securities (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(iia)(v) of this Section 6.5 as filed with the SEC and all other information that is made available to shareholders6.8; and
(c) upon the reasonable request of the Purchaser, 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 a such Purchaser, will meet with each such 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 and will otherwise reasonably cooperate with the Purchasers any Purchaser conducting an investigation for the purpose of reducing or eliminating the Purchasers’ such 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 . Each Purchaser agrees to disclose any confidential keep all such information to or meet at its headquarters with a Purchaser until and unless that Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company with the Company with respect theretoconfidential.
Appears in 1 contract
Sources: Stock Purchase Agreement (Westport Resources Corp /Nv/)
Information Available. So During the Effectiveness Period, so long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by a the Purchaser, 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 ▇E▇▇▇▇ systemsystem or any successor thereto) to each the Purchaser:
(a) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 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 Purchaser, 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 a Purchaser, will meet with each Purchaser 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 Registrable Securities and will otherwise reasonably cooperate with the Purchasers Purchaser conducting an investigation for the purpose of reducing or eliminating the Purchasers’ Purchaser’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 a the Purchaser until and unless that the Purchaser shall have 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 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by a Purchaser, 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 ▇▇▇▇▇ system) to each Purchaser:
(a) The Company will furnish to the Purchaser: (i) as soon as practicable after it is availableavailable (but in the case of the Annual Report to the Stockholders, within 150 days after the end of each fiscal year of the Company), one copy of (iA) 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) and ), (iiB) if not included in substance in the Annual Report to ShareholdersStockholders, upon the written request of the Purchaser, its Annual Report on Form 10-K K, (C) upon the written request of the Purchaser, its quarterly reports on Form 10-Q, and (D) a full copy of the particular Registration Statement covering the Registrable Securities (the foregoing, in each case, excluding exhibits);
; and (bii) upon the reasonable written request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 6.5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the a reasonable request of the Purchaser, an adequate number of copies of the Prospectuses Prospectuses, and any supplements thereto, to supply to any other party requiring such Prospectuses; and and
(b) the Company, upon the reasonable written request of a Purchaserthe Purchaser and with reasonable prior notice, will meet with each be available to the 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 the Purchasers any Purchaser conducting an investigation for the purpose of reducing or eliminating the Purchasers’ such 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 in a manner not be required to disclose any confidential information to or meet at its headquarters with a Purchaser until and unless that Purchaser shall have entered into a confidentiality agreement in form and substance reasonably satisfactory to the Company interfere with the Company with respect theretonormal business operations of the Company, subject to appropriate confidentiality limitations.
Appears in 1 contract
Sources: Securities Purchase Agreement (Critical Therapeutics Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Shares Securities owned by a the Purchaser, 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 ▇▇▇▇▇ systemavailable) to each the Purchaser:
(a) as soon as practicable after it is available, one copy of (i) its most recent Annual Report to Shareholders (which Annual Report shall contain financial statements audited in accordance with generally accepted accounting principles as may be approved by a national firm of certified the SEC by an independent registered public accountants) accounting firm, and (ii) if not included in substance in the Annual Report to Shareholders, its most recent Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph subsection (a)(ii) of this Section 6.5 5 as filed with the SEC and all other information that is made available to shareholders; and
(c) upon the reasonable request of the Purchaser, 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 a the Purchaser, will meet with each the Purchaser 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 the Purchasers Purchaser conducting an investigation for the purpose of reducing or eliminating the Purchasers’ Purchaser’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 a the Purchaser until and unless that the Purchaser 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
Sources: Registration Rights Agreement (Global Payment Technologies Inc)
Information Available. So long as the Registration Statement is effective covering the resale of Common Shares owned by a Purchaser, 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 ▇▇▇▇▇ systemsystem or any successor thereto) to each Purchaser:
(a) : ● as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) ; ● upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 6.5 6(e) as filed with the SEC and all other information that is made available to shareholders; and
(c) and ● upon the reasonable request of the Purchaser, 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 a Purchaser, will meet with each Purchaser 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 Common Shares and will otherwise reasonably cooperate with the Purchasers conducting an investigation for the purpose of reducing or eliminating the Purchasers’ 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 a Purchaser until and unless 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
Sources: Secured Convertible Promissory Note Purchase Agreement (EVO Transportation & Energy Services, Inc.)
Information Available. So long as the Registration Statement is required to be effective covering the resale of Registerable Shares owned by a the Purchaser, 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 ▇▇▇▇▇ system) to each Purchaserwill:
(a) furnish to the Purchaser, as soon as practicable after it is availableavailable (but in the case of the Company’s Annual Report to Stockholders, within 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) and ), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, its Annual Report on Form 10-K K, (iii) if not included in substance in its Quarterly Reports to Shareholders, its quarterly reports on Form 10-Q, and (iv) a full copy of the particular Registration Statement covering the Registerable Securities (the foregoing, in each case, excluding exhibits);
(b) upon the reasonable request of the Purchaser, all exhibits excluded by furnish to the parenthetical Purchaser a reasonable number of copies of the prospectuses to subparagraph supply to any other party requiring such prospectuses;
(a)(iic) comply with the requirements of this Section 6.5 as filed Rule 144(c) under the Securities Act with respect to current public information about the Company;
(d) file with the SEC in a timely manner all reports and all other information that documents required of the Company under the Securities Act and the Exchange Act (at any time it is made available subject to shareholders; andsuch reporting requirements);
(ce) upon the reasonable request of the Purchaser, 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 a Purchaser, will meet with each the Purchaser 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 the Purchasers conducting an investigation for the purpose of reducing or eliminating the Purchasers’ exposure Registrable Securities subject 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 a Purchaser until and unless that Purchaser 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 1 contract
Information Available. So long as the Registration Statement is effective covering the resale of Shares Registrable Securities owned by a Purchaser, 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 ▇E▇▇▇▇ systemsystem or any successor thereto) to each Purchaser:
(a) as soon as practicable after it is available, 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) and (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K (the foregoing, in each case, excluding exhibits);
(b) upon the request of the Purchaser, all exhibits excluded by the parenthetical to subparagraph (a)(ii) of this Section 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 Purchaser, 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 a Purchaser, will meet with each Purchaser 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 Registrable Securities and will otherwise reasonably cooperate with the Purchasers conducting an investigation for the purpose of reducing or eliminating the Purchasers’ 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 a Purchaser until and unless 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
Sources: Common Stock Purchase Agreement (Fusion Telecommunications International Inc)