Common use of Provision by Holders of Certain Information in Connection with the Shelf Registration Statement Clause in Contracts

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 Business Days after receipt of a request therefor, such information as the Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder shall be entitled to Additional Interest solely because such Holder continues to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Holder failed to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreement. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and shall promptly supply such other information as the Company may from time to time reasonably request.

Appears in 3 contracts

Samples: Registration Rights Agreement (Spirit AeroSystems Holdings, Inc.), Registration Rights Agreement (Spirit AeroSystems Holdings, Inc.), Registration Rights Agreement (Spirit AeroSystems Holdings, Inc.)

AutoNDA by SimpleDocs

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such (i) Holder furnishes to the Company in writing, within 15 Business Days 20 days after receipt of a request therefor, such information as the Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included thereintherein and (ii) in the case of an Underwritten Registration, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder shall be entitled to Additional Interest solely because such Holder continues to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Holder failed to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied complies with this agreementSection 10 hereof. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading misleading. No Holder of Transfer Restricted Securities shall be entitled to additional interest pursuant to Section 5 hereof unless and until such Holder shall promptly supply have provided all such information. If the board of Directors of the Company determines in good faith that it is in the best interests of the Company not to disclose the existence of, or facts surrounding, any proposed or pending material corporate transaction or other information as material development involving the Company or the Guarantors, the Company may from time allow the Shelf Registration Statement to time reasonably requestfail to be effective or the Prospectus contained therein to be unusable as a result of such nondisclosure for up to 90 days in any twelve-month period.

Appears in 2 contracts

Samples: Registration Rights Agreement (New Enterprise Stone & Lime Co., Inc.), Registration Rights Agreement (Gateway Trade Center Inc.)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until (i) such Holder furnishes to the Company in writing, within 20 days after receipt of a written request therefor, the information specified in Item 507 or 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, and (ii) in the case of an underwritten offering, such Holder completes and executes all questionnaires, powers of attorney, underwriting agreements, lock-up letters and other documents reasonably requested by the Company in connection with the terms of the underwritten offering. Furthermore, no Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 10 Business Days after receipt of a request therefor, such information as Holder’s comments to the Company may reasonably request for use disclosure relating to such Holder in connection with any the Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such HolderStatement. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because additional interest pursuant to Section 5 hereof unless and until such Holder continues to hold shall have provided all such information. By its acceptance of Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Securities, each Holder failed agrees to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that notify the Company promptly if any of the information previously furnished is misleading or inaccurate in any material respect and the Guarantors have otherwise complied with this agreement. Each Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish promptly to the Company all additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and shall promptly supply such other information as the Company may from time to time reasonably requestmisleading.

Appears in 1 contract

Samples: Registration Rights Agreement (Local Insight Yellow Pages, Inc.)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 Business Days 20 days after receipt of a request therefor, such information as specified in item 507 of Regulation S-K under the Company may reasonably request Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder of Transfer Restricted Securities shall be entitled to include any of its Transfer Restricted Securities in any Shelf Registration Statement or receive Liquidated Damages pursuant to Section 4 hereof in the event that such Holder fails to deliver such information within the specified period; provided, however, that when such Holder furnishes such information to the Company, such Holder shall be entitled to Additional Interest solely because receive Liquidated Damages, if any, from the date such Holder continues furnished such information and shall be entitled to hold include its Transfer Restricted Securities that were in the Registration Statement. Notwithstanding the foregoing, the Company shall not included in such Shelf be required to file a post-effective amendment to its Registration Statement because such to permit a Holder failed to provide all such required information or such Holder (other include its Transfer Restricted Securities pursuant to the preceding sentence more than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementtwice annually. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and shall promptly supply such other information as the Company may from time to time reasonably requestmisleading.

Appears in 1 contract

Samples: Registration Rights Agreement (Tower Automotive Inc)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until (i) such Holder furnishes to the Company in writing, within 20 days after receipt of a request therefor, the information specified in Item 507 or Item 508 of Regulation S-K, as applicable, of the Act and any other information required by the Commission for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (ii) such Holder (other than any Initial Purchaser) furnishes to the Company an executed agreement substantially in the form of Exhibit A hereto and (iii) in the case of an underwritten offering, such Holder completes and executes all questionnaires, powers of attorney, underwriting agreements, lock-up letters and other documents reasonably requested by the Company in connection with the terms of such underwritten offering. Furthermore, no Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 10 Business Days after receipt of a request therefor, such information as Holder's comments to the Company may reasonably request for use disclosure relating to such Holder in connection with any the Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder shall be entitled to Additional Interest solely because such Holder continues to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Holder failed to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementStatement. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish promptly to the Company all additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially incomplete or misleading and shall promptly supply such other information as the Company may from time to time reasonably requestin any material respect.

Appears in 1 contract

Samples: Registration Rights Agreement (Paragon Shipping Inc.)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder (i) furnishes to the Company eircom Funding in writing, within 15 Business Days 10 days after receipt of a request therefor, such the information specified in Items 9B and 9D, as applicable, of Form 20-F under the Company may reasonably request Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than and (ii) unless such Holder is an Initial Purchaser, such Holder agrees in writing within 10 days after receipt of a request to so agree to be bound by all of the provisions provision of this Agreement applicable to such Holder. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because pursuant to Section 5 hereof unless and until such Holder continues shall have provided all such information and shall have so agreed in writing (it being understood that Additional Interest shall cease to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such accrue for the benefit of any Holder failed who fails to provide all such required information or such Holder (other than an Initial Purchaser) did not so agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementin writing). Each selling Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish promptly to the Company all additional information required to be disclosed in order to make the information previously furnished to the Company eircom Funding by such Holder not materially misleading and misleading. The Issuers shall promptly supply not be obligated to supplement such other information as Shelf Registration Statement after it has been declared effective by the Company may from time Commission more than once per quarterly period to time reasonably requestreflect additional Holders.

Appears in 1 contract

Samples: Registration Rights Agreement (Valentia Telecommunications)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until (i) such Holder furnishes to the Company in writing, within 20 days after receipt of a request therefor, the information specified in Item 507 or Item 508 of Regulation S-K, as applicable, of the Act and any other information required by the Commission for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, (ii) such Holder (other than any Initial Purchaser) furnishes to the Company an executed agreement substantially in the form of Exhibit A hereto and (iii) in the case of an underwritten offering, such Holder completes and executes all questionnaires, powers of attorney, underwriting agreements, lock-up letters and other documents reasonably requested by the Company in connection with the terms of such underwritten offering. Furthermore, no Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 10 Business Days after receipt of a request therefor, such information as Holder’s comments to the Company may reasonably request for use disclosure relating to such Holder in connection with any the Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder shall be entitled to Additional Interest solely because such Holder continues to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Holder failed to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementStatement. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish promptly to the Company all additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially incomplete or misleading and shall promptly supply such other information as the Company may from time to time reasonably requestin any material respect.

Appears in 1 contract

Samples: Registration Rights Agreement (Paragon Shipping Inc.)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until (i) such Holder furnishes to the Company in writing, within 20 days after receipt of a request therefor, the information specified in Item 507 or Item 508 of Regulation S-K, as applicable, of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary prospectus included therein, and (ii) in the case of an underwritten offering, such Holder completes and executes all questionnaires, powers of attorney, underwriting agreements, lock-up letters and other documents reasonably requested by the Company in connection with the terms of such underwritten offering. Furthermore, no Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 10 Business Days after receipt of a request therefor, such information as Holder's comments to the Company may reasonably request for use disclosure relating to such Holder in connection with any the Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such HolderStatement. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because Liquidated Damages pursuant to Section 5 hereof unless and until such Holder continues to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Holder failed to provide shall have provided all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementinformation. Each selling Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish promptly to the Company all additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and shall promptly supply such other information as the Company may from time to time reasonably requestmisleading.

Appears in 1 contract

Samples: Registration Rights Agreement (M & F Worldwide Corp)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder (i) furnishes to the Company in writing, within 15 Business Days 10 days after receipt of a request therefor, such the information specified in Items 9B and 9D, as applicable, of Form 20-F under the Company may reasonably request Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than and (ii) unless such Holder is an Initial Purchaser, such Holder agrees in writing writing, within 10 days after receipt of a request to so agree, to be bound by all of the provisions provision of this Agreement applicable to such Holder. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because pursuant to Section 5 hereof unless and until such Holder continues shall have provided all such information and shall have so agreed in writing (it being understood that Additional Interest shall cease to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such accrue for the benefit of any Holder failed who fails to provide all such required information or such Holder (other than an Initial Purchaser) did not so agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementin writing). Each selling Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish promptly to the Company all additional information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and misleading. The Issuers shall promptly supply not be obligated to supplement such other information as Shelf Registration Statement after it has been declared effective by the Company may from time Commission more than once per quarterly period to time reasonably requestreflect additional Holders.

Appears in 1 contract

Samples: Registration Rights Agreement (Valentia Telecommunications)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 20 Business Days after receipt of a request therefor, such information as the Company may reasonably request request, including the information specified in Item 507 or 508 of Regulation S-K as applicable of the Securities Act, for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because Liquidated Damages pursuant to Section 5 hereof unless and until such Holder continues to hold Transfer Restricted Securities shall have provided all such information (it being understood that were Liquidated Damages shall not included in such Shelf Registration Statement because accrue for the benefit of any Holder until such Holder failed to provide all provides such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementinformation. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and shall promptly supply misleading. By acquiring the Initial Notes or the Exchange Notes, each Holder agrees to provide the indemnity set forth in Section 8(b) hereof with respect to the information such other information as Holder furnishes to the Company may from time to time reasonably requestin writing expressly for use in any Shelf Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Solo Texas, LLC)

AutoNDA by SimpleDocs

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company Issuers in writing, within 15 Business Days a reasonable time after receipt of a request therefor, such information as the Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under of the Act for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein. In addition, the Issuers may exclude from such Shelf Registration Statement the Transfer Restricted Securities Actof any Holder that fails to furnish such information regarding th e Holder and the distribution of such Transfer Restricted Securities as the Issuers may from time to time reasonably require for inclusion in such Shelf Registration Statement, andincluding requiring such Holder to properly complete and execute any selling security holder notice and questionnaires, other than an Initial Purchaserand any amendments or supplements thereto, agrees in writing to be bound by all as the provisions of this Agreement applicable to such HolderIssuers may reasonably deem necessary or appropriate. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because Liquidated Damages pursuant to Section 5 hereof unless and until such Holder continues to hold shall have provided all such information. By its acceptance of Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Securities, each Holder failed to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreement. Each Holder as to which any Shelf Registration Statement is being effected agrees to promptly furnish promptly to the Company all additional information required to be disclosed in order to make the information previously furnished to the Company Issuers by such Holder not materially misleading and shall promptly supply to be bound by all of the provisions of this Agreement applicable to such other information as Holder, including the Company may from time to time reasonably requestindemnity contemplated in Section 8(b) hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (U.S. Shipping Partners L.P.)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company Companies in writing, within 15 Business Days 10 days after receipt of a request therefor, such information as the Company Companies may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of therein and agrees to comply with Regulation S-K, as applicable, promulgated M under the Exchange Act to the extent applicable. The Company may exclude from such registration the Transfer Restricted Securities Act, and, other than an Initial Purchaser, agrees in writing of any Holder who unreasonably fails to be bound by all the provisions of this Agreement applicable to furnish such Holderinformation. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because pursuant to Section 5 hereof unless and until such Holder continues to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Holder failed shall have used its reasonable best efforts to provide all such required reasonably requested information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementhas so complied. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company Companies all information required to be disclosed in order to make the information previously furnished to the Company Companies by such Holder not materially misleading and shall promptly supply such other information as the Company may from time to time reasonably requestmisleading.

Appears in 1 contract

Samples: Registration Rights Agreement (Twi Holdings Inc)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 Business Days business days after receipt of a request therefor, such information as the Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder of Transfer Restricted Securities shall be entitled to Additional Interest solely because Liquidated Damages pursuant to Section 5 hereof unless and until such Holder continues to hold Transfer Restricted Securities that were not included in such Shelf Registration Statement because such Holder failed shall have used commercially reasonable efforts to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementreasonably requested information. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading misleading. No Holder of Transfer Restricted Securities shall be entitled to use a Prospectus unless and until such Holder shall have furnished the reasonably requested information required by this Section 4(b), and shall promptly supply such other information as have committed to notify the Company may from time to time reasonably requestpromptly of any change in such information.

Appears in 1 contract

Samples: Registration Rights Agreement (Simcala Inc)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until (i) such Holder furnishes to the Company in writing, within 15 Business Days the earlier of (x) 20 days after receipt of a request therefortherefor or (y) the time such Holder delivers the request described in clause (ii) immediately below, such information as specified in Item 507 of Regulation S-K under the Company may reasonably request Act, or otherwise required by the Act or the Commission for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, therein and (ii) requests the information specified in Item 507 or 508 of Regulation S-K, as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees Company in writing to be bound by all the provisions of this Agreement applicable to include such Holder. No Holder shall be entitled to Additional Interest solely because such Holder continues to hold Holders' Transfer Restricted Securities that were not included in such Shelf Registration Statement because no later than 10 Business Days prior to the date the Company is required to file such Shelf Registration Statement under Section 4(a) hereof. No Holder of Transfer Restricted Securities shall be entitled to Liquidated Damages pursuant to Section 5 hereof unless and until such Holder failed to provide has provided all such information required information or such Holder (other than an Initial Purchaser) did not agree to be bound provided by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementsuch holder for inclusion therein. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company in writing all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and shall promptly supply such other information as the Company may from time to time reasonably requestmisleading.

Appears in 1 contract

Samples: Registration Rights Agreement (Rayovac Corp)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 Business Days 20 business days after receipt of a request therefor, such information as the Company may reasonably request for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, . In the event that Liquidated Damages become due solely as a result of a Holder of Transfer Restricted Securities having failed to furnish the information specified in Item 507 or 508 of Regulation S-Kthis Section 4(b), as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to no such Holder. No Holder shall be entitled to Additional Interest solely because such Liquidated Damages unless and until such Holder continues shall have provided all such information. By acquiring the Initial Notes, each Holder agrees to hold Transfer Restricted Securities that were not included provide the indemnity set forth in Section 8(b) hereof with respect to the information such Holder furnishes to the Company in writing expressly for use in any Shelf Registration Statement because such Holder failed to provide all such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementStatement. Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading misleading. The Company and the Guarantors shall promptly supply not be obligated to supplement such other information as Shelf Registration Statement after it has been declared effective by the Company may from Commission more than one time quarterly solely to time reasonably requestreflect additional Holders.

Appears in 1 contract

Samples: Registration Rights Agreement (BHC Meadows Partner Inc)

Provision by Holders of Certain Information in Connection with the Shelf Registration Statement. No Holder of Transfer Restricted Securities may include any of its Transfer Restricted Securities in any Shelf Registration Statement pursuant to this Agreement unless and until such Holder furnishes to the Company in writing, within 15 Business Days 20 business days after receipt of a request therefor, such information as the Company may reasonably request request, including, if required by law, the information specified in item 507 or 508 of Regulation S-K as applicable of the Securities Act, for use in connection with any Shelf Registration Statement or Prospectus or preliminary Prospectus included therein, including but not limited to, . In the event that Additional Interest becomes due to a Holder of Transfer Restricted Securities solely as a result of such Holder having failed to furnish the information specified in Item 507 or 508 of Regulation S-Kthis Section 4(b), as applicable, promulgated under the Securities Act, and, other than an Initial Purchaser, agrees in writing to be bound by all the provisions of this Agreement applicable to such Holder. No Holder shall not be entitled to such Additional Interest solely because unless and until such Holder continues to hold Transfer Restricted Securities shall have provided all such information (it being understood that were Additional Interest shall not included in such Shelf Registration Statement because accrue for the benefit of any Holder until such Holder failed to provide all provides such required information or such Holder (other than an Initial Purchaser) did not agree to be bound by all the provisions of this Agreement; provided that the Company and the Guarantors have otherwise complied with this agreementinformation). Each Holder as to which any Shelf Registration Statement is being effected agrees to furnish promptly to the Company all information required to be disclosed in order to make the information previously furnished to the Company by such Holder not materially misleading and shall promptly supply misleading. By acquiring the Initial Notes or the Exchange Notes, each Holder agrees to provide the indemnity set forth in Section 8(b) hereof with respect to the information such other information as Holder furnishes to the Company may from time to time reasonably requestin writing expressly for use in any Shelf Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Trustreet Properties Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!