Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 Securities that constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 12 contracts
Samples: Indenture (Pep Boys Manny Moe & Jack), Indenture (Realnetworks Inc), Indenture (Extreme Networks Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 Securities that which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 8 contracts
Samples: Indenture (Affiliated Computer Services Inc), Indenture (Corixa Corp), Indenture (Bea Systems Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities and ending on the date that is two three years from such date (or such shortened period under Rule 144(k144(K) under the Securities Act or any successor rule), the Company will not, and will use reasonable efforts not to permit any of its subsidiaries or other "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) controlled by the Company to, resell (i) any Securities that which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 2 contracts
Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 Subsidiaries, and will use its reasonable efforts to not permit any other "of its “affiliates" ” (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell (i) any Securities that constitute "“restricted securities" ” under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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 ’s performance of its agreement in the preceding sentence.
Appears in 2 contracts
Samples: Indenture (Mercury Computer Systems Inc), Indenture (Epix Medical Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities and ending on the date that is two three years from such date (or such shortened shorter period under Rule 144(k) under the Securities Act or any successor rule), the Company will not, and will use reasonable efforts not to permit any of its subsidiaries or other "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) controlled by the Company to, resell (i) any Securities that which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.The
Appears in 1 contract
Samples: Indenture (Intevac Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 use all reasonable efforts to ensure that its subsidiaries or other "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) todo not, resell (i) any Securities that which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 1 contract
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 Subsidiaries, and will use its reasonable efforts to not permit any other of its "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell (i) any Securities that constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 1 contract
Samples: Indenture (Solectron Corp)
Resale of Certain Securities. During the period beginning on the ---------------------------- last date of original issuance of the Securities 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 use all reasonable efforts to ensure that its subsidiaries or other "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) todo not, resell (i) any Securities that which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 1 contract
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities and ending on the date that is two years from such date (or such shortened shorter period under Rule 144(k) under the Securities Act or any successor rule), the Company will not, and will use reasonable efforts not to permit any of its subsidiaries Subsidiaries or other "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) controlled by the Company to, resell (i) any Securities that which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 1 contract
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 resell:
(ia) any Securities that constitute "restricted securities" under Rule 144 or or
(iib) any securities into which the Securities have been converted under this Indenture that constitute "restricted securities" under Rule 144, 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.
Appears in 1 contract
Samples: Indenture (Conseco Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities and ending on the date that is two years from such date (or such shortened shorter period under Rule 144(k) under the Securities Act or any successor rule), the Company will not, and will use reasonable efforts not to permit any of its subsidiaries Subsidiaries or other "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) controlled by the Company to, resell (i) any Securities that which constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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 Company*s performance of its agreement in the preceding sentence.
Appears in 1 contract
Samples: Indenture (Atrix Laboratories Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 Subsidiaries, and will use its reasonable best efforts to not permit any other of its "affiliates" (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell (i) any Securities that constitute "restricted securities" under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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.
Appears in 1 contract
Samples: Indenture (Exult Inc)
Resale of Certain Securities. During the period beginning on the last date of original issuance of the Securities 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 Subsidiaries, and will use its reasonable best efforts to not permit any other "of its “affiliates" ” (as defined under Rule 144 under the Securities Act or any successor provision thereto) to, resell (i) any Securities that constitute "“restricted securities" ” under Rule 144 or (ii) any securities into which the Securities have been converted under this Indenture that 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 ’s performance of its agreement in the preceding sentence.
Appears in 1 contract
Samples: Indenture (Hewitt Associates Inc)