Common use of Reports Under Exchange Act by the Company Clause in Contracts

Reports Under Exchange Act by the Company. With a view to making available to the Xxxx Family the benefits of SEC Rule 144 and any other rule or regulation of the SEC that may at any time permit a member of the Xxxx Family to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3 or Form S-1, the Company shall: (a) make and keep available adequate current public information, as those terms are understood and defined in SEC Rule 144; (b) use commercially reasonable efforts to file with the SEC in a timely manner all reports and other documents required of the Company under the Securities Act and the Exchange Act; and (c) furnish upon request (i) to the extent accurate, a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144, the Securities Act, and the Exchange Act, or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3; (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents filed by the Company with the SEC; and (iii) such other information as may be reasonably requested in availing any member of the Xxxx Family of any rule or regulation of the SEC that permits the selling of any such securities without registration.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Developers Diversified Realty Corp), Stock Purchase Agreement (Developers Diversified Realty Corp)

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Reports Under Exchange Act by the Company. With a view to making available to the Xxxx Family Investor Group the benefits of SEC Rule 144 and any other rule or regulation of the SEC that may at any time permit a member of the Xxxx Family Investor Group to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3 or Form S-1, the Company shall: (a) make and keep available adequate current public information, as those terms are understood and defined in SEC Rule 144; (b) use commercially reasonable efforts to file with the SEC in a timely manner all reports and other documents required of the Company under the Securities Act and the Exchange Act; and (c) furnish upon request (i) to the extent accurate, a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144, the Securities Act, and the Exchange Act, or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3; (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents filed by the Company with the SEC; and (iii) such other information as may be reasonably requested in availing any member of the Xxxx Family Investor Group of any rule or regulation of the SEC that permits the selling of any such securities without registration.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Horizon Global Corp)

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Reports Under Exchange Act by the Company. With a view to making available to the Xxxx Family each Investor Group the benefits of SEC Rule 144 and any other rule or regulation of the SEC that may at any time permit a member of the Xxxx Family an Investor Group to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3 or Form S-1S-3, the Company shallwill: (a) make and keep available adequate current public information, as those terms are understood and defined in SEC Rule 144; (b) use commercially reasonable best efforts to file with the SEC in a timely manner all reports and other documents required of the Company under the Securities Act and the Exchange Act; and (c) furnish upon request (i) to the extent accurate, a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144, the Securities Act, Act and the Exchange Act, or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3; , (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents filed by the Company with the SEC; , and (iii) such other information as may be reasonably requested in availing any member of the Xxxx Family Investor Group of any rule or regulation of the SEC that permits the selling of any such securities without registration.

Appears in 1 contract

Samples: Shareholder Agreement (Abm Industries Inc /De/)

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