Common use of Reports by the Company and Guarantors Clause in Contracts

Reports by the Company and Guarantors. The Company shall furnish to the Trustee, within 15 days after it is required to file such annual and quarterly reports, information, documents and other reports with the Commission, copies of its annual report and of the information, documents and other reports (or copies of such portions of any of the foregoing the Commission may by rules and regulations prescribe) that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act; provided that any such annual and quarterly reports, information, documents and other reports and information filed with the Commission may be provided by the Company to the Trustee electronically. The Company and any Guarantor shall comply with the other provisions of TIA Section 314(a). Delivery of such information, documents and reports 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). At any time when the Company is not subject to Section 13 or 15(d) of the Exchange Act, upon request of Holders and prospective purchasers of Securities thereof, the Company shall file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.

Appears in 2 contracts

Samples: Indenture (Nicewonder Contracting, Inc.), Subordinated Indenture (Nicewonder Contracting, Inc.)

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Reports by the Company and Guarantors. The Company shall furnish to the Trustee, within 15 calendar days after it is required to file actually files such annual and quarterly reports, information, documents and other reports with the Commission, copies of its annual report and of the information, documents and other reports (or copies of such portions of any of the foregoing the Commission may by rules and regulations prescribe) that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act; provided that any such annual and quarterly reports, information, documents and other reports and information filed with the Commission may be provided by the Company to the Trustee electronically. The Company and any Guarantor shall comply with the other provisions of TIA Section 314(a). Delivery of such information, documents and reports 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). At any time when It is expressly understood that materials transmitted electronically by the Company is not subject to Section 13 the Trustee or 15(dfiled pursuant to the Commission’s XXXXX system (or any successor electronic filing system) of the Exchange Act, upon request of Holders and prospective purchasers of Securities thereof, the Company shall file be deemed filed with the Trustee and the Commission, in accordance with rules and regulations prescribed from time transmitted to time by the Commission, such Holders for purposes of the supplementary and periodic information, documents and reports which may be required pursuant to this Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations14.04.

Appears in 2 contracts

Samples: Indenture (Lion Biotechnologies, Inc.), Valeritas Holdings Inc.

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Reports by the Company and Guarantors. The Company shall furnish to the Trustee, within 15 calendar days after it is required to file actually files such annual and quarterly reports, information, documents and other reports with the Commission, copies of its annual report and of the information, documents and other reports (or copies of such portions of any of the foregoing the Commission may by rules and regulations prescribe) that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act; provided that any such annual and quarterly reports, information, documents and other reports and information filed with the Commission may be provided by the Company to the Trustee electronically. The Company and any Guarantor shall comply with the other provisions of TIA Section 314(a). Delivery of such information, documents and reports 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). At any time when It is expressly understood that materials transmitted electronically by the Company is not subject to Section 13 the Trustee or 15(dfiled pursuant to the Commission’s EXXXX system (or any successor electronic filing system) of the Exchange Act, upon request of Holders and prospective purchasers of Securities thereof, the Company shall file be deemed filed with the Trustee and the Commission, in accordance with rules and regulations prescribed from time transmitted to time by the Commission, such Holders for purposes of the supplementary and periodic information, documents and reports which may be required pursuant to this Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations.14.04. Article 15 MISCELLANEOUS PROVISIONS

Appears in 1 contract

Samples: Indenture (Axsome Therapeutics, Inc.)

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