Common use of No Shareholder Rights Until Exercise Clause in Contracts

No Shareholder Rights Until Exercise. (a) This Warrant does not entitle the Holder hereof to any voting rights or other rights as a shareholder of the Company prior to the exercise hereof. (b) Notwithstanding Section 14(a) hereof, as a courtesy to the registered Holder and in order to enable the registered Holder to make informed decisions regarding the possible exercise of this Warrant from time to time, the Company agrees, upon written request by the registered Holder to the chief financial officer of the Company from time to time (but not more often than twice in any twelve-(12)-month period) to provide to the registered Holder copies of the following documents within a reasonable time after such request (but in all events only to the extent that, and no sooner than the time that, such documents have been distributed or made available to all the Company’s shareholders), subject to the provisions of Section 14(c) hereof; (i) the Company’s most recent audited annual financial statements or, if audited statements are not available, then the Company’s unaudited annual financial statements as of the end of the Company’s most recently ended fiscal year; (ii) unaudited quarterly financial statements for each quarter of the Company’s fiscal year since the date of the annual financial statements delivered pursuant to subparagraph (i) above; and (iii) any other reports, proxy statements or notices distributed to holders of the Company’s Common Stock within the last twelve (12) months preceding such request (or within the period since the last such request by the registered Holder, whichever is shorter). (c) During any period in which the Company has outstanding a class of publicly-traded securities or is for any other reason a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance with any information request from the registered Holder pursuant to Section 14(b) above for the Company to provide copies of its most recent Form 10-K and annual report, any Form 10-Q, and any proxy statements or other publicly distributed shareholder materials as described in Section 14(b)(iii) above.

No Shareholder Rights Until Exercise. (a) This Warrant does not entitle the Holder hereof to any voting rights or other rights as a shareholder of the Company prior to the exercise hereof. (b) Notwithstanding Section 14(a) hereof, as a courtesy to the registered Holder and in order to enable the registered Holder to make informed decisions regarding the possible exercise of this Warrant from time to time, the Company agrees, upon written request by the registered Holder to the chief financial officer of the Company from time to time (but not more often than twice in any twelve-(12)-month period) to provide to the registered Holder copies of the following documents within a reasonable time after such request (but in all events only to the extent that, and no sooner than the time that, such documents have been distributed or made available to all the Company’s shareholders), subject to the provisions of Section 14(c) hereof; (i) the Company’s most recent audited annual financial statements or, if audited statements are not available, then the Company’s unaudited annual financial statements as of the end of the Company’s most recently ended fiscal year; (ii) unaudited quarterly financial statements for each quarter of the Company’s fiscal year since the date of the annual financial statements delivered pursuant to subparagraph (i) above; and (iii) any other reports, proxy statements or notices distributed to holders of the Company’s Common Stock within the last twelve (12) months preceding such request (or within the period since the last such request by the registered Holder, whichever is shorter). (c) During any period in which the Company has outstanding a class of publicly-traded securities or is for any other reason xxxxx a reporting company under the Securities Exchange Act of 1934, it shall be sufficient compliance with any information request from the registered Holder pursuant to Section 14(b) above for the Company to provide copies of its most recent Form 10-K and annual report, any Form 10-Q, and any proxy statements or other publicly distributed shareholder materials as described in Section 14(b)(iii) above.