Prior to effectiveness of the Exchange Offer Registration Statement, the. Company shall provide a supplemental letter to the Commission (A) stating that the Company is registering the Exchange Offer in reliance on the position of the Commission enunciated in Exxon Capital Holdings Corporation (available May 13, 1988), Morgxx Xxxnxxx xxx Co., Inc. (available June 5, 1991), Mary Xxx Xxxmetics, Inc. (available June 5, 1991), Xxxxxxx, Xxc. (available June 5, 1991), and Epic Properties, Inc. (available October 21, 1991) and, if applicable, any no-action letter obtained pursuant to clause (i) above, (B) including a representation that the Company has not entered into any arrangement or understanding with any Person to distribute the Series B Notes to be received in the Exchange Offer and that, to the best of the Company's information and belief, each Holder participating in the Exchange Offer is acquiring the Series B Notes in its ordinary course of business and has no arrangement or understanding with any Person to participate in the distribution of the Series B Notes received in the Exchange Offer and (C) any other undertaking or representation required by the Commission as set forth in any no-action letter obtained pursuant to clause (i) above.
Appears in 4 contracts
Samples: Registration Rights Agreement (Consumers Energy Co), Registration Rights Agreement (Consumers Energy Co), Registration Rights Agreement (Consumers Energy Co)
