Common use of Rule 144 and 144A Clause in Contracts

Rule 144 and 144A. If the Company shall have filed a registration statement pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act") or a registration statement pursuant to the requirements of the Securities Act, the Company will file the reports required to be filed by it under the Securities Act and the Exchange Act (or, if the Company is not required to file such reports, will, upon the request of the Holder, make publicly available other information necessary to comply with Rule l44(c)and Rule 144A, as applicable), and will take such further action as the Holder may reasonably request, all to the extent required from time to time to enable the Holder to sell shares of Common Stock without registration under the Securities Act within the limitation of the exemptions provided by (a) Rule 144 under the Securities Act, as such Rule may be amended from time to time, or (b) any similar rule or regulation hereafter adopted by the Commission. Upon the request of the Holder, the Company will deliver to the Holder (i) a verified, written statement of the President or Chief Financial Officer as to whether it has complied with such requirements; (ii) if applicable, a copy of the most recent annual or quarterly report of the Company; and (iii) such other reports and documents as the Holder may reasonably request to avail itself of Rule 144, 144A or any other rule or regulation of the Commission allowing the Holder to sell Common Stock without registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Aerosol Services Co Inc)

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Rule 144 and 144A. If the Company shall have filed a registration statement pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act") or a registration statement pursuant to the requirements of the Securities Act, the The Company will file the reports required to be filed by it under the Securities Act and the Securities Exchange Act of 1934 (the "Exchange Act') (or, if the Company is not required to file such reports, will, upon the request of the a Holder, make publicly available other information necessary to comply with Rule l44(c)and 144(c) and Rule 144A, as applicable), and will take such further action as the a Holder may reasonably request, all to the extent required from time to time to enable the Holder to sell shares of Common Stock the Company without registration under the Securities Act within the limitation of the exemptions provided by (a) Rule 144 under the Securities Act, as such Rule may be amended from time to time, or (b) any similar rule or regulation hereafter adopted by the CommissionSEC. Upon the request of the a Holder, the Company will deliver to the Holder (i) a verified, written statement of the President or Chief Financial Officer as to whether it has complied with such requirements; (ii) if applicable, a copy of the most recent annual or quarterly report of the Company; and (iii) such other reports and documents as the Holder may reasonably request to avail itself of Rule 144, 144A or any other rule or regulation of the Commission SEC allowing the Holder to sell Common Stock its shares of the Company without registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Network Computing Devices Inc)

Rule 144 and 144A. If the Company shall have filed a registration statement pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act") or a registration statement pursuant to the requirements of the Securities Act, the The Company will file the reports required to be filed by it under the Securities Act and the Securities Exchange Act of 1934 (the "Exchange Act') (or, if the Company is not required to file such reports, will, upon the request of the Holder, make publicly available other information necessary to comply with Rule l44(c)and 144(c) and Rule 144A, as applicable), and will take such further action as the Holder may reasonably request, all to the extent required from ftom time to time to enable the Holder to sell shares of Common Stock the Company without registration under the Securities Act within the limitation of the exemptions provided by (a) Rule 144 under the Securities Act, as such Rule may be amended from time to time, or (b) any similar rule or regulation hereafter adopted by the CommissionSEC. Upon the request of the Holder, the Company will deliver to the Holder (i) a verified, written statement of the President or Chief Financial Officer as to whether it has complied with such requirements; (ii) if applicable, a copy of the most recent annual or quarterly report of the Company; and (iii) such other reports and documents as the Holder may reasonably request to avail itself of Rule 144, 144A or any other rule or regulation of the Commission SEC allowing the Holder to sell Common Stock its shares of the Company without registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Network Computing Devices Inc)

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Rule 144 and 144A. If the Company shall have filed a registration statement pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, as amended (the "Exchange Act") or a registration statement pursuant to the requirements of the Securities Act, the The Company will file the reports required to be filed by it under the Securities Act and the Securities Exchange Act of 1934 (the "EXCHANGE ACT') (or, if the Company is not required to file such reports, will, upon the request of the Holder, make publicly available other information necessary to comply with Rule l44(c)and 144(c) and Rule 144A, as applicable), and will take such further action as the Holder may reasonably request, all to the extent required from time to time to enable the Holder to sell shares of Common Stock the Company without registration under the Securities Act within the limitation of the exemptions provided by (a) Rule 144 under the Securities Act, as such Rule may be amended from time to time, or (b) any similar rule or regulation hereafter adopted by the CommissionSEC. Upon the request of the Holder, the Company will deliver to the Holder (i) a verified, written statement of the President or Chief Financial Officer as to whether it has complied with such requirements; (ii) if applicable, a copy of the most recent annual or quarterly report of the Company; and (iii) such other reports and documents as the Holder may reasonably request to avail itself of Rule 144, 144A or any other rule or regulation of the Commission SEC allowing the Holder to sell Common Stock its shares of the Company without registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Network Computing Devices Inc)

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