Provision of Financial Statements and Reports. (a) After the Company has completed the Exchange Offer, the Company shall file on a timely basis with the Commission, to the extent such filings are accepted by the Commission and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company would be required to file if it were subject to Section 13 or 15 of the Exchange Act. All such annual reports shall include the geographic segment financial information contemplated by Item 101(d) of Regulation S-K under the Securities Act, and all such quarterly reports shall provide the same type of interim financial information that, as of the date of this Indenture, is the Company's practice to provide. (b) The Company shall also be required (i) to file with the Trustee, and provide to each Holder, without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company files such reports and documents with the Commission or the date on which the Company would be required to file such reports and documents if the Company were so required and (ii) if filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, to supply at the Company's cost copies of such reports and documents to any prospective Holder promptly upon request.
Appears in 3 contracts
Samples: Indenture (Facilicom International Inc), Indenture (World Access Inc /New/), Indenture (Startec Global Communications Corp)
Provision of Financial Statements and Reports. (a) After the Company has completed the Exchange Offer, the The Company shall file on a timely basis with the Commission, to the extent such filings are accepted by the Commission and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company would be required to file if it were subject to Section 13 or 15 of the Exchange Act. All such annual reports shall include the geographic segment financial information contemplated by Item 101(d) of Regulation S-K under the Securities Act, and all such quarterly reports shall provide the same type of interim financial information that, as of the date of this Indenture, is the Company's practice to provide.
(b) The Company shall also be required (ia) to file with the Trustee, and provide to each HolderHolder of Notes (at their respective addresses set forth in the Note Register), without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company files such reports and documents with the Commission or the date on which the Company would be required to file such reports and documents if the Company were so required required, and (iib) if filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, to supply at the Company's cost copies of such reports and documents to any prospective Holder of Notes promptly upon written request. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 2 contracts
Samples: Indenture (Nine West Group Inc /De), Indenture (Nine West Group Inc /De)
Provision of Financial Statements and Reports. (a) Prior to the consummation of the Exchange Offer or the effectiveness of a Shelf Registration Statement, the Company shall make available, upon request, to any holder of Notes or prospective purchasers of Notes the information specified in Rule 144A(d)(4) under the Securities Act, unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the Exchange Act.
(b) After the Company has completed consummation of the Exchange OfferOffer or the effectiveness of a Shelf Registration Statement, the Company shall file on a timely basis with the Commission, to the extent such filings are accepted by the Commission and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company would be required to file if it were subject to Section 13 or 15 15(d) of the Exchange Act. All such annual reports shall include the geographic segment financial information contemplated by Item 101(d) of Regulation S-K under the Securities Act, and all such quarterly reports shall provide the same type of interim financial information that, as of the date of this Indenture, is the Company's practice to provide.
(b) The Company shall also be required (ia) to file with the Trustee, and provide to each Holder, without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company files such reports and documents are filed with the Commission or the date on which the Company would be required to file such reports and documents if the Company were so required required, and (iib) if filing to provide to each Holder of Notes, without cost to such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange ActHolder, to supply at the Company's cost copies of such reports and documents to any prospective Holder promptly upon requestwithin 15 days after the filing thereof with the Trustee.
Appears in 1 contract
Samples: Indenture (Dti Holdings Inc)
Provision of Financial Statements and Reports. (a) After the The Company has completed the Exchange Offer, the Company shall will file on a timely basis with the Commission, to the extent such filings are accepted by the Commission and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company would be required to file if it were subject to Section 13 or 15 of the Exchange Act. All such annual reports shall include the geographic segment financial information contemplated by Item 101(d) of Regulation S-K under the Securities Act, and all such quarterly reports shall provide the same type of interim financial information that, as of the date of this Indenture, is the Company's practice to provide.
(b) The Company shall will also be required (ia) to file with the Trustee, and provide to each HolderHolder of Notes, without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company files such reports and documents with the Commission or the date on which the Company would be required to file such reports and documents if the Company were so required required, and (iib) if filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, to supply at the Company's cost copies of such reports and documents to any prospective Holder of Notes promptly upon written request. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Provision of Financial Statements and Reports. (a) After the Company has completed the Exchange Offer, the The Company shall file on a timely basis with the Commission, to the extent such filings are accepted by the Commission and whether or not the Company has a class of securities registered under the Exchange Act, the annual reports, quarterly reports and other documents that the Company would be required to file if it were subject to Section 13 or 15 of the Exchange Act. All such annual reports shall include the geographic segment financial information contemplated by Item 101(d) of Regulation S-K under the Securities Act, and all such quarterly reports shall provide the same type of interim financial information that, as of the date of this Indenture, is the Company's Company"s practice to provide.
(b) The Company shall also be required (i) to file with the Trustee, and provide to each Holder, without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company files such reports and documents with the Commission or the date on which the Company would be required to file such reports and documents if the Company were so required and (ii) if filing such reports and documents with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, to supply at the Company's cost copies of such reports and documents to any prospective Holder promptly upon request.
Appears in 1 contract
Samples: Indenture (World Access Inc /New/)
Provision of Financial Statements and Reports. (a) After the Company has completed the Exchange Offer, the Company shall file on a timely basis with the Commission, to the extent such filings are accepted by the Commission and whether Whether or not the Company has a class is then subject to Section 13(a) or 15(d) of securities registered the Exchange Act, the Company will file with the Commission (unless such filing is not permitted under the Exchange Act), so long as the Notes are outstanding, the annual reports, quarterly reports and other documents that periodic reports which the Company would be have been required to file if it were subject to Section 13 or 15 of the Exchange Act. All such annual reports shall include the geographic segment financial information contemplated by Item 101(d) of Regulation S-K under the Securities Act, and all such quarterly reports shall provide the same type of interim financial information that, as of the date of this Indenture, is the Company's practice to provide.
(b) The Company shall also be required (i) to file with the TrusteeCommission pursuant to such Section 13(a) or 15(d) if the Company were so subject, and provide to each Holder, without cost to such Holder, copies of such reports and documents within 15 days after the date on which the Company files such reports and documents shall be filed with the Commission on or prior to the date on respective dates (the "REQUIRED FILING DATES") by which the Company would be have been required so to file such reports and documents if the Company were so subject. The Company will also in any event (i) within 15 days of each Required Filing Date, (a) transmit or cause to be transmitted by mail to all Holders of Notes, as their names and addresses appear in the Note Register, without cost to such Holders, and (b) file with the Trustee copies of the annual reports, quarterly reports and other periodic reports which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act if the Company were subject to such Sections and (ii) if filing such reports and documents by the Company with the Commission is not accepted by the Commission or is prohibited under the Exchange Act, to promptly upon written request and payment of the reasonable cost of duplication and delivery, supply at the Company's cost copies of such reports and documents to any prospective Holder promptly upon requestat the Company's cost. The Company also shall comply with the provisions of TIA Section 314(a).
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