Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 5 contracts
Samples: Private Shelf Agreement (Regis Corp), Revolving Credit and Reimbursement Agreement (Willcox & Gibbs Inc), Purchase Agreement (Wabash National Corp /De)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B5C, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 3 contracts
Samples: Note Purchase and Private Shelf Agreement (Nordson Corp), Third Amended and Restated Note Purchase and Private Shelf Agreement (Matson, Inc.), Note Agreement (Alexander & Baldwin Holdings, Inc.)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B5D, the term "QUALIFIED INSTITUTIONAL BUYERqualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 3 contracts
Samples: Private Shelf Agreement (Alexander & Baldwin Inc), Note Agreement (Alexander & Baldwin Inc), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5BSection 9.7, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 3 contracts
Samples: Note Purchase and Private Shelf Agreement (McGrath Rentcorp), Note Purchase and Private Shelf Agreement (McGrath Rentcorp), Note Purchase and Private Shelf Agreement (McGrath Rentcorp)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B5D, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Samples: Note Purchase and Private Shelf Agreement (Northwest Pipe Co), Note Purchase and Private Shelf Agreement (Northwest Pipe Co)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Samples: Master Shelf Agreement (Layne Christensen Co), Uncommitted Master Shelf Agreement (Pinnacle West Capital Corp)
Information Required by Rule 144A. The Company covenants that it will, upon the prior written request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section Section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5BSECTION 10.18, the term "QUALIFIED INSTITUTIONAL BUYERqualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Samples: Note Agreement (Amerigas Finance Corp), Note Agreement (Amerigas Finance Corp)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYERqualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Samples: Note Agreement (Source Media Inc), Note Agreement (Pulitzer Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B6B, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Multi Currency Note Purchase and Private Shelf Agreement (Kadant Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any NoteHolder, provide such holderHolder, and any qualified institutional buyer designated by such holderHolder, such financial and other information as such holder Holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of NotesProject Bonds, except at such times as the Company Holdings is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B1B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Inducement Agreement (Brush Engineered Materials Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any NoteSecurity, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of NotesNotes or Warrants, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYERqualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Subordinated Note and Warrant Purchase Agreement (Boots & Coots International Well Control Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B5D, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Senior Promissory Note Agreement (Alexander & Baldwin Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other the information as such holder may reasonably determine required to be necessary delivered pursuant to Rule 144(d)(4) under the Securities Act in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act or exempt from reporting pursuant to Rule 12g3-2(b) under the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Information Required by Rule 144A. The Company Industries covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company Industries is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYERqualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Information Required by Rule 144A. The Company Each Issuer covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company such Issuer is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B5N, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Twin Disc Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5BSection 9.8, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Cubic Corp /De/)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section Section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Shelf Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Shelf Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B5K, the term "QUALIFIED INSTITUTIONAL BUYER" “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Private Shelf Agreement (Tennant Co)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holderholder who has agreed to be bound by paragraph 11P, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Note Purchase Agreement (Corrpro Companies Inc /Oh/)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Noteholder, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Senior Notes Master Shelf Agreement (Transmontaigne Oil Co)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A l44A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYERqualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Master Shelf and Revolving Credit Agreement (NRG Energy Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5B, the term "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Samples: Senior Promissory Note Agreement (Seneca Foods Corp /Ny/)