Information from Holders. In order to be named as a selling securityholder in the Shelf Registration as of the Initial Shelf Effective Date, each Holder must no later than ten (10) Business Days prior to the Initial Shelf Effective Date, which will be at least twenty (20) days following notice by the Company of the expected Initial Shelf Effective Date, furnish to the Company in writing such information as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities in the Shelf Registration (the “Participating Holder Information”). The Company shall include in the Shelf Registration Participating Holder Information received by the Company at least ten (10) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Holder Information (including any updated Participating Holder Information) in writing (including any amendments to any prior Participating Holder Information), the Company shall use its reasonable best efforts to as soon as practicable but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating Holder Information, file any post-effective amendments or supplements, as applicable, to the Shelf Registration or a Prospectus relating to the Shelf Registration or the documents incorporated by reference therein necessary for such Holder to be named as a selling securityholder and permit such Holder to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period). Holders that do not deliver Participating Holder Information as provided for in this Section 1(d) shall not be named as selling securityholders in the Prospectus relating to the Shelf Registration until such Holder delivers such information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Holder Information and shall take the actions set forth in this Section 1(d) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement (IMH Financial Corp), Investors' Rights Agreement (IMH Financial Corp)
Information from Holders. In order to be named as a selling securityholder in the Shelf Registration as of the Initial Shelf Effective Date, each Holder must no later than ten (10) Business Days prior to the Initial Shelf Effective Date, which will be at least twenty (20) days following notice by the Company of the expected Initial Shelf Effective Date, furnish to the Company in writing such information as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities in the Shelf Registration (the “Participating Holder Information”). The Company shall include in the Shelf Registration Participating Holder Information received by the Company at least ten (10) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Holder Information (including any updated Participating Holder Information) in writing (including any amendments to any prior Participating Holder Information), the Company shall use its reasonable best efforts to as soon as practicable but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating Holder Information, file any post-effective amendments or supplements, as applicable, to the Shelf Registration or a Prospectus relating to the Shelf Registration or the documents incorporated 3 19572323.8 Execution Version Exhibit 4.1 by reference therein necessary for such Holder to be named as a selling securityholder and permit such Holder to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period). Holders that do not deliver Participating Holder Information as provided for in this Section 1(d) shall not be named as selling securityholders in the Prospectus relating to the Shelf Registration until such Holder delivers such information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Holder Information and shall take the actions set forth in this Section 1(d) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 2 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement
Information from Holders. In order to be named as a selling securityholder in the Shelf Registration as of the Initial Shelf Effective Date, each Holder must no later than ten five (105) Business Days prior to the Initial Shelf Effective Date, which will be at least twenty (20) days following notice by the Company of the expected Initial Shelf Effective Date, furnish to the Company in writing such information in writing as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities in the Shelf Registration (the “Participating Selling Holder Information”). The Company shall include in the Shelf Registration Participating Selling Holder Information received by the Company at least ten five (105) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Selling Holder Information (including any updated Participating Selling Holder Information) that the Company may reasonably request in writing (including any amendments to any prior Participating Selling Holder Information), the Company shall use its reasonable best efforts to as soon as practicable if any, but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating requested Selling Holder Information, if any, the Company shall use commercially reasonable efforts to file any post-effective amendments or supplements, as applicable, to the Shelf Registration or a Prospectus prospectus relating to the Shelf Registration or the documents incorporated by reference therein necessary for such Holder to be named as a selling securityholder and permit such Holder to deliver (or be deemed to deliver) a Prospectus prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period); provided, however, that the Company shall not be required to file more than one (1) such post-effective amendment. Holders that do not deliver Participating Selling Holder Information as provided for in this Section 1(d1(c) shall not be named as selling securityholders in the Prospectus prospectus relating to the Shelf Registration until such Holder delivers such information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its commercially reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Selling Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Selling Holder Information and shall take the actions set forth in this Section 1(d1(c) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Selling Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 1 contract
Information from Holders. In order The Company shall provide a notice and questionnaire (together, the "Questionnaire"), requesting such information as the Company may reasonably require for use in connection with the Shelf Registration Statement or Prospectus or preliminary Prospectus included therein and in any application to be filed with or under state securities laws not fewer than 30 calendar days prior to the time the Company intends in good faith to have Shelf Registration Statement declared effective (the "Questionnaire Deadline"). No Holder shall be entitled to be named as a selling securityholder in the Shelf Registration as Statement, and no Holder shall be entitled to use the Prospectus that is part of the Initial Shelf Effective DateRegistration Statement for offers and resales of Registrable Securities at any time, each unless such Holder must no later than ten (10) Business Days has returned a completed and signed Questionnaire to the Company by the deadline for response set forth therein. Holders shall, however, have at least 20 calendar days from the date on which the Questionnaire is first mailed to them to return a completed and signed Questionnaire to the Company. Each Holder as to which any Shelf Registration is being effected agrees to furnish promptly to the Company all information required to be disclosed so that the information previously furnished to the Company by such seller is not materially misleading and does not omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances under which they were made. Beneficial owners of Registrable Securities who have not returned a Questionnaire by the Questionnaire Deadline may receive another Questionnaire upon request from the Company. Upon receipt of a completed and signed Questionnaire prior to the Initial Shelf Effective Effectiveness Date, which will be at least twenty (20) days following notice by the Company of will include the expected Initial Shelf Effective Date, furnish to the Company in writing such information as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities covered thereby in the Shelf Registration (the “Participating Holder Information”)Statement. The Company shall include in the Shelf Registration Participating Holder Information received by the Company at least ten (10) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance In connection with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Holder Information (including any updated Participating Holder Information) in writing (including any amendments to any prior Participating Holder Information)all such requests for information from Holders, the Company shall use its reasonable best efforts notify such Holders of the requirements set forth above. No Holder shall be entitled to as soon as practicable but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating Holder Information, file any post-effective amendments or supplements, as applicable, Liquidated Damages pursuant to the Shelf Registration or a Prospectus relating to the Shelf Registration or the documents incorporated by reference therein necessary for Section 3 hereof unless such Holder to be named as a selling securityholder and permit shall have provided all such Holder to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period). Holders that do not deliver Participating Holder Information as provided for in this Section 1(d) shall not be named as selling securityholders in the Prospectus relating to the Shelf Registration until such Holder delivers such reasonably requested information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Holder Information and shall take the actions set forth in this Section 1(d) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 1 contract
Information from Holders. In order The Company shall provide a notice and questionnaire (together, the “Notice and Questionnaire”) containing substantially the information called for by the Notice and Questionnaire attached as Annex A to the Offering Circular of the Company dated August 7, 2003 relating to the Notes, requesting such information as the Company may reasonably require for use in connection with the Shelf Registration Statement or Prospectus or preliminary Prospectus included therein and in any application to be filed with or under state securities laws not fewer than 30 calendar days prior to the time the Company intends in good faith to have the Shelf Registration Statement declared effective (the “Notice and Questionnaire Deadline”). No Holder shall be entitled to be named as a selling securityholder in the Shelf Registration as Statement, and no Holder shall be entitled to use the Prospectus that is part of the Initial Shelf Effective DateRegistration Statement for offers and resales of Registrable Securities at any time, each unless such Holder must no later than ten (10) Business Days has returned a completed and signed Notice and Questionnaire to the Company by the deadline for response set forth therein. Holders shall, however, have at least 20 calendar days from the date on which the Questionnaire is first mailed to them to return a completed and signed Questionnaire to the Company. Each Holder as to which any Shelf Registration is being effected agrees to furnish promptly to the Company all information required to be disclosed so that the information previously furnished to the Company by such seller is not materially misleading and does not omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances under which they were made. Beneficial owners of Registrable Securities who have not returned a Notice and Questionnaire by the Notice and Questionnaire Deadline may receive another Notice and Questionnaire upon request from the Company. Upon receipt of a completed and signed Notice and Questionnaire prior to the Initial Shelf Effective Effectiveness Date, which will be at least twenty (20) days following notice by the Company of will include the expected Initial Shelf Effective Date, furnish to the Company in writing such information as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities covered thereby in the Shelf Registration (the “Participating Holder Information”)Statement. The Company shall include in the Shelf Registration Participating Holder Information received by the Company at least ten (10) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance In connection with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Holder Information (including any updated Participating Holder Information) in writing (including any amendments to any prior Participating Holder Information)all such requests for information from Holders, the Company shall use its reasonable best efforts notify such Holders of the requirements set forth above. No Holder shall be entitled to as soon as practicable but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating Holder Information, file any post-effective amendments or supplements, as applicable, Liquidated Damages pursuant to the Shelf Registration or a Prospectus relating to the Shelf Registration or the documents incorporated by reference therein necessary for Section 3 hereof unless such Holder to be named as a selling securityholder and permit shall have provided all such Holder to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period). Holders that do not deliver Participating Holder Information as provided for in this Section 1(d) shall not be named as selling securityholders in the Prospectus relating to the Shelf Registration until such Holder delivers such reasonably requested information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Holder Information and shall take the actions set forth in this Section 1(d) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 1 contract
Information from Holders. In order The Company shall provide a notice and questionnaire (together, the "Notice and Questionnaire") to each Holder containing substantially the information called for by the Notice and Questionnaire attached as Annex B to the Offering Circular of the Company dated April 22, 2004 relating to the Notes, requesting such information as the Company may reasonably require for use in connection with the Shelf Registration Statement or Prospectus or preliminary Prospectus included therein and in any application to be filed with or under state securities laws not fewer than 30 calendar days prior to the time the Company intends in good faith to have the Shelf Registration Statement declared effective (the "Notice and Questionnaire Deadline"). No Holder shall be entitled to be named as a selling securityholder in the Shelf Registration as Statement, and no Holder shall be entitled to use the Prospectus that is part of the Initial Shelf Effective DateRegistration Statement for offers and resales of Registrable Securities at any time, each unless such Holder must no later than ten (10) Business Days has returned a completed and signed Notice and Questionnaire to the Company by the deadline for response set forth therein. Holders shall, however, have at least 20 calendar days from the date on which the Questionnaire is first mailed to them to return a completed and signed Questionnaire to the Company. Each Holder as to which any Shelf Registration is being effected agrees to furnish promptly to the Company all information required to be disclosed so that the information previously furnished to the Company by such seller is not materially misleading and does not omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances under which they were made. Beneficial owners of Registrable Securities who have not returned a Notice and Questionnaire by the Notice and Questionnaire Deadline may receive another Notice and Questionnaire upon request from the Company. Upon receipt of a completed and signed Notice and Questionnaire prior to the Initial Shelf Effective Effectiveness Date, which will be at least twenty (20) days following notice by the Company of will include the expected Initial Shelf Effective Date, furnish to the Company in writing such information as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities covered thereby in the Shelf Registration (the “Participating Holder Information”)Statement. The Company shall include in the Shelf Registration Participating Holder Information received by the Company at least ten (10) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance In connection with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Holder Information (including any updated Participating Holder Information) in writing (including any amendments to any prior Participating Holder Information)all such requests for information from Holders, the Company shall use its reasonable best efforts notify such Holders of the requirements set forth above. No Holder shall be entitled to as soon as practicable but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating Holder Information, file any post-effective amendments or supplements, as applicable, Liquidated Damages pursuant to the Shelf Registration or a Prospectus relating to the Shelf Registration or the documents incorporated by reference therein necessary for Section 3 hereof unless such Holder to be named as a selling securityholder and permit shall have provided all such Holder to deliver (or be deemed to deliver) a Prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period). Holders that do not deliver Participating Holder Information as provided for in this Section 1(d) shall not be named as selling securityholders in the Prospectus relating to the Shelf Registration until such Holder delivers such reasonably requested information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Holder Information and shall take the actions set forth in this Section 1(d) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 1 contract
Samples: Registration Rights Agreement (Leucadia National Corp)
Information from Holders. In order to be named as a selling securityholder in the Shelf Registration as of the Initial Shelf Effective Date, each Holder must no later than ten five (105) Business Days prior to the Initial Shelf Effective Date, which will be at least twenty (20) days following notice by the Company of the expected Initial Shelf Effective Date, furnish to the Company in writing such information in writing as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities in the Shelf Registration (the “Participating Selling Holder Information”). The Company shall include in the Shelf Registration Participating Selling Holder Information received by the Company at least ten five (105) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Selling Holder Information (including any updated Participating Selling Holder Information) that the Company may reasonably request in writing (including any amendments to any prior Participating Selling Holder Information), the Company shall use its reasonable best efforts to as soon as practicable if any, but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating requested Selling Holder Information, if any, the Company shall use its reasonable best efforts to file any post-effective amendments or supplements, as applicable, to the Shelf Registration or a Prospectus prospectus relating to the Shelf Registration or the documents incorporated by reference therein necessary for such Holder to be named as a selling securityholder and permit such Holder to deliver (or be deemed to deliver) a Prospectus prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period); provided, however, that the Company shall not be required to file more than one (1) such amendment. Holders that do not deliver Participating Selling Holder Information as provided for in this Section 1(d1(c) shall not be named as selling securityholders in the Prospectus prospectus relating to the Shelf Registration until such Holder delivers such information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Selling Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Selling Holder Information and shall take the actions set forth in this Section 1(d1(c) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Selling Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 1 contract
Information from Holders. In order to be named as a selling securityholder in the Shelf Registration as of the Initial Shelf Effective Date, each Holder must no later than ten five (105) Business Days prior to the Initial Shelf Effective Date, which will be at least twenty (20) days following notice by the Company of the expected Initial Shelf Effective Date, furnish to the Company in writing such information in writing as may be reasonably requested by the Company for the purpose of including such Holder’s Registrable Securities in the Shelf Registration (the “Participating Selling Holder Information”). The Company shall include in the Shelf Registration Participating Selling Holder Information received by the Company at least ten five (105) Business Days prior to the Initial Shelf Effective Date, to the extent necessary and in a manner so that upon Initial Shelf Effective Date the Holder shall be named as a selling securityholder and be permitted to deliver (or be deemed to deliver) a Prospectus prospectus relating to the Shelf Registration to purchasers of the Registrable Securities in accordance with applicable law. From and after the Initial Shelf Effective Date (including with respect to a Shelf that is not the initial Shelf Registration), upon receipt of Participating Selling Holder Information (including any updated Participating Selling Holder Information) in writing (including any amendments to any prior Participating Selling Holder Information), the Company shall use its commercially reasonable best efforts to as soon as practicable but in any event within ten (10) Business Days (in the case of a supplement) or within thirty (30) calendar days (in the case of an amendment), as applicable, after the Company receives such Participating Selling Holder Information, file any post-effective amendments or supplements, as applicable, to the Shelf Registration or a Prospectus prospectus relating to the Shelf Registration or the documents incorporated by reference therein necessary for such Holder to be named as a selling securityholder and permit such Holder to deliver (or be deemed to deliver) a Prospectus prospectus relating to the Shelf Registration to purchasers of the Registrable Securities (subject to the Company’s rights during any Delay Period or Suspension Period); provided, however, that the Company shall not be required to file more than one (1) such post-effective amendment. Holders that do not deliver Participating Selling Holder Information as provided for in this Section 1(d1(c) shall not be named as selling securityholders in the Prospectus prospectus relating to the Shelf Registration until such Holder delivers such information. If the Company shall file a post-effective amendment to the Shelf Registration, it shall use its commercially reasonable best efforts to cause such post-effective amendment to be declared effective under the Securities Act as promptly as is reasonably practicable and notify such Holder as promptly as is reasonably practicable after the effectiveness under the Securities Act of any post-effective amendment. If such Participating Selling Holder Information is delivered during a Delay Period or Suspension Period, the Company shall so inform the Holder delivering such Participating Selling Holder Information and shall take the actions set forth in this Section 1(d1(c) upon expiration of the Delay Period or Suspension Period, as applicable, as though such Holder’s Participating Selling Holder Information had been delivered on the expiration date of such Delay Period or Suspension Period.
Appears in 1 contract