Resale of Certain Notes. The Company shall not, and shall not permit any of its Subsidiaries to, resell any Notes that have been reacquired by the Company or any such Subsidiary. The Trustee shall have no responsibility in respect of the Company’s performance of its agreement in the preceding sentence.
Resale of Certain Notes. During the period beginning on the last date of original issuance of the Notes and ending on the date that is two years from such date (or such shortened period under Rule 144(k) under the Securities Act or any successor rule), the Company will not, and will not permit any of its Subsidiaries or other "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell (i) any Notes which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Notes have been converted under this Indenture which constitute "restricted securities" under Rule 144, that in either case have been reacquired by any of them. The Trustee shall have no responsibility in respect of the Company's performance of its agreement in the preceding sentence.
Resale of Certain Notes. The Issuer and the Guarantor shall not, and shall not permit any of the Guarantor’s Subsidiaries to, resell any Notes that have been reacquired by the Issuer, the Guarantor or any such Subsidiary. The Trustee shall have no responsibility in respect of the Issuer’s performance of its agreement in the preceding sentence.
Resale of Certain Notes. During the period beginning on the original issuance date of the Notes and ending on the date that is three years from such date, the Company will not resell, and will use its reasonable efforts to prevent any of its Affiliates from reselling, (x) any Notes which constitute "restricted securities" under Rule 144 and (y) any securities into which such Notes have been converted under this Indenture which constitute "restricted securities" under Rule 144.
Resale of Certain Notes. During the period of one year after the last original issuance date of the Notes, the Company shall not, and shall not permit any of its controlled “affiliates” (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell any Notes which constitute “restricted securities” under Rule 144 that have been reacquired by any of them.
Resale of Certain Notes. During the period of two years after the last date of original issuance of any Notes, the Company shall not, and shall not register for transfer any sales by any of its "affiliates" (as defined under Rule 144 under the Securities Act) of any Notes, or shares of Common Stock issuable upon conversion of the Notes, which constitute "restricted securities" under Rule 144, except pursuant to an effective registration statement under the Securities Act; provided, however, that the Company may register for transfer sales of Notes, or shares of Common Stock issuable upon conversion of the Notes, which constitute "restricted securities" under Rule 144, if the transferee thereof acknowledges that such Notes are Transfer Restricted Securities (as defined in the Registration Rights Agreement). The Trustee shall have no responsibility or liability in respect of the Company's performance of its agreement in the preceding sentence.
Resale of Certain Notes. During the period of two years after the last date of original issuance of any Notes, the Company shall not, and shall not permit any of its "affiliates" (as defined under Rule 144 under the Securities Act) to, resell any Notes, or shares of Common Stock issuable upon conversion of the Notes, which constitute "restricted securities" under Rule 144, that are acquired by any of them within the United States or to "U.S. persons" (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefrom. The Trustee shall have no responsibility or liability in respect of the Company's performance of its agreement in the preceding sentence.
Resale of Certain Notes. The Company shall not, and shall not permit any of its "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell any Notes which constitute "restricted securities" under Rule 144 that have been reacquired by any of them. The Trustee shall have no responsibility in respect of the Company's performance of its agreement in the preceding sentence.
Resale of Certain Notes. The Issuer shall not, and shall not permit any of the its Subsidiaries to, resell any Notes that have been reacquired by the Issuer or any such Subsidiary.
Resale of Certain Notes. The Company shall not, and shall not permit any of its Subsidiaries to, resell any Notes that have been reacquired by the Company or any such Subsidiary. The Trustee shall have no responsibility in respect of the Company’s performance of its agreement in the preceding sentence. Commission Filings and Reports . The Company covenants that any documents or reports that the Company is required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act shall be filed within the time periods specified in the rules and regulations of the Commission (including any grace period provided by Rule 12b-25 under the Exchange Act), and must be filed by the Company with the Trustee within 15 days after the same are filed with the Commission; provided that in each case the delivery of materials to the Trustee by electronic means or filing of documents pursuant to the Commission’s “XXXXX” system (or any successor electronic filing system) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 4.10. 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). The Company shall at all times comply with Trust Indenture Act § 314(a). [Reserved] .
