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.
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (Stockeryale Inc), Stock and Warrant Purchase Agreement (Stockeryale Inc), Stock and Warrant Purchase Agreement (Stockeryale Inc)
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.
Appears in 4 contracts
Samples: Purchase Agreement (Triangle Pharmaceuticals Inc), Purchase Agreement (Triangle Pharmaceuticals Inc), Purchase Agreement (Triangle Pharmaceuticals Inc)
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.
Appears in 3 contracts
Samples: Purchase Agreement (Warburg Pincus Private Equity Viii L P), Purchase Agreement (Triangle Pharmaceuticals Inc), Purchase Agreement (Triangle Pharmaceuticals Inc)
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 '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 excluded by the reports and registration statement provided to the Investor pursuant parenthetical to subparagraph (1i) of this Section 5(g5(f) and all other information that is made available to shareholders;; and
(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 '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 's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Stockeryale Inc), Stock and Warrant Purchase Agreement (Biosphere Medical Inc), Stock Purchase Agreement (Stockeryale Inc)
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 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 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 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 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.
Appears in 2 contracts
Samples: Purchase Agreement (Amedisys Inc), Purchase Agreement (Internap Network Services Corp)
Information Available. So long as a registration statement any Registration Statement is effective covering the resale of the Investor Shares and the Warrant SharesRegistrable Securities owned by a 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 the Holder:
(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)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 an independent registered public accountants)accounting firm, and (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 KSB (the foregoing, in each case, excluding exhibits); and;
(2b) Upon upon the reasonable request of the InvestorHolder, all exhibits excluded by the parenthetical to the reports and registration statement provided to the Investor pursuant to subparagraph subsection (1a)(ii) of this Section 5(g) 5 as filed with the SEC and all other information that is made available to shareholders;; and
(3c) Upon upon the reasonable request of the InvestorHolder, 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 InvestorHolder, will meet with the Investor Holder 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 Registration Statement covering the Investor Shares and the Warrant Shares Registrable Securities and will otherwise reasonably cooperate with any Investor the Holder conducting an investigation for the purpose of reducing or eliminating such Investorthe Holder’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 the Holder until and unless the Holder 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: Registration Rights Agreement (Symbollon Corp), Registration Rights Agreement (Symbollon Corp)
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.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Alexion Pharmaceuticals Inc), Stock Purchase Agreement (Bb Biotech Ag)
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.
Appears in 1 contract
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:
(1i) 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 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;
(2ii) 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 (1i) of this Section 5(g8(f) and all other information that is made available to shareholders;; and
(3iii) 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 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 's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters.
Appears in 1 contract
Samples: Stock Purchase Agreement (Boston Private Bancorp Inc)
Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Registrable Securities 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, its Annual Report on Form 10-K or equivalent formKSB, (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 (viv) a full copy of the particular registration statement Registration Statement covering the Shares Registrable Securities (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 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 Registrable Securities 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.
Appears in 1 contract
Samples: Purchase Agreement (Kupper Parker Communications Inc)
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) 7.6 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.
Appears in 1 contract
Samples: Stock Purchase Agreement (Alexion Pharmaceuticals Inc)
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.
Appears in 1 contract
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.
Appears in 1 contract
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 '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 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 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 '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 's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Purchase Agreement (Aces Wired Inc)
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.
Appears in 1 contract
Information Available. So long as a registration statement Registration Statement is effective covering the resale of the Investor Shares and the Warrant Sharesowned by Purchaser, 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 Shareholders, within one hundred twenty (120) days after the end of each fiscal year of the Company)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), (ii) if not included in substance in the Annual Report to Shareholders, its Annual Report on Form 10-K or equivalent formand amendments, if any, and (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 formand amendments, and (v) a full copy of the particular registration statement covering the Shares if any (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) of this Section 5(g) 7.6 as filed with the SEC and publicly available and all other information that is made available to shareholders;; and
(3c) Upon promptly upon the reasonable request of the InvestorPurchaser, 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, will meet with the Investor Purchaser or a representative thereof at the Company’s headquarters 's headquarters, or such other mutually agreed upon location, to discuss all information relevant for disclosure in the registration statement a 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.
Appears in 1 contract
Samples: Stock Purchase Agreement (Genome Therapeutics Corp)
Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Securities 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)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), (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;
(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) of this Section 5(g) 7.5 as filed with the SEC and all other information that is made available to shareholders;; and
(3c) Upon 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, 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 Registration Statement covering the Investor Shares and the Warrant Shares Securities 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 form and substance reasonably satisfactory to the Company with the Company with respect thereto.
Appears in 1 contract
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 '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 KSB 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 QSB 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 excluded by the reports and registration statement provided to the Investor pursuant parenthetical to subparagraph (1i) of this Section 5(g7(f) and all other information that is made available to shareholders;; and
(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 '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 's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters.
Appears in 1 contract
Information Available. So long as a any registration statement is effective covering the resale of the Investor Shares and the Warrant Shares, 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) 90 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 accountants), (ii) if not included in substance in the Annual Report to ShareholdersStockholders, its Annual Report annual report on Form 10-K or equivalent formK, (iii) each of its Quarterly Reports to Shareholders, (iv) if not included in substance in its Quarterly Reports to ShareholdersStockholders, its quarterly reports report on Form 10-Q or equivalent formQ, and any interim reports on Form 8-K and (viv) 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)(iv) of this Section 5(g) 9.6 and all other information that is made generally 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 prospectusespublic; 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 's headquarters, at the Purchaser's expense, to discuss all information relevant for disclosure in the any 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.
Appears in 1 contract
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) 7.6 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.
8. Placement Agent's Fee. The Investor acknowledges that the Company intends to pay to the Placement Agent a fee in respect of the sale of the Stock to the Investor.
Appears in 1 contract
Samples: Stock Purchase Agreement (Alexion Pharmaceuticals Inc)
Information Available. So long as a registration statement the Registration Statement is effective covering the resale of Securities owned by the Investor Shares and the Warrant SharesInvestor, 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:
(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)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 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;
(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)(ii) of this Section 5(g) 6.5 as filed with the SEC 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 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 Registration Statement covering the Investor Shares and the Warrant 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 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 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 '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 KSB 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 QSB 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 '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 's exposure to liability under the Securities Act, including the reasonable production of information at the Company’s 's headquarters.
Appears in 1 contract
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 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)it is available, one copy of (i) its Annual Report Reports to Shareholders 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), (ii) if not included in substance in the Annual Report Reports to ShareholdersStockholders, its Annual Report Reports on Form 10-K or equivalent form, and (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;
(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) of this Section 5(g) 7.5 as filed with the SEC and all other information that is made available to shareholders;; and
(3c) Upon 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 '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 '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 a registration statement the Registration Statement is effective covering the resale of Registrable Securities 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 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, 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 (viv) a full copy of the particular registration statement covering the Shares Registration Statement and (v) its reports or Form 8-K (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 to supply to any other party requiring such prospectusesProspectuses; and and
(c) 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 Registrable Securities; provided that the Company shall not be required to disclose any confidential information or to meet with the Purchaser or its representative until and unless the Warrant Shares Purchaser and/or its representative shall have entered into a confidentiality agreement with the Company in form and will otherwise substance reasonably cooperate with any Investor conducting an investigation for the purpose of reducing or eliminating such Investor’s exposure satisfactory to liability under the Securities Act, including the reasonable production of information at the Company’s headquarters.
Appears in 1 contract
Samples: Securities Purchase Agreement (Viisage Technology Inc)
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.
Appears in 1 contract