Rule 144 Covenants. With a view to making available to each Holder the benefits of Rule 144 under the Act (which term as used in this Section 9 includes the present Rule 144 and any other, additional, substitute, supplemental or analogous rule or regulation of the Commission that may at any time permit a Holder to sell Registrable Securities to the public without compliance with the registration requirements of the Act), the Company (a) shall maintain registration of the Common Stock under Section 12 or 15(d) of the Securities Exchange Act of 1934, as amended; (b) shall file with the Commission in a timely manner all reports and other documents required to be filed by an issuer of securities registered under the Securities Exchange Act of 1934, as amended, so as to maintain the availability of Rule 144 to the Holders; (c) at its expense, forthwith upon any Holder's request, shall deliver to such Holder a certificate, signed by one of the Company's principal officers, stating (i) the Company's name, address and telephone number (including area code); (ii) the Company's I.R.S. taxpayer identification number; (iii) the Company's Commission file number; (iv) the number of shares of Common Stock outstanding as shown by the most recent report or statement published by the Company or filed by the Company with the Commission; and (v) that the Company has filed the reports required to be filed under the Securities Exchange Act of 1934, as amended, for a period of at least 90 days prior to the date of such certificate and in addition has filed the most recent annual report required to be filed thereunder and such other or additional information as shall be necessary to make available to such Holder the ability to offer and sell the maximum number of shares of Common Stock under Rule 144; and (d) when Rule 144 is being complied with, shall deliver securities not bearing any legend restricting transfer of such securities, as requested from time to time by any Holder subject to this Agreement.
Rule 144 Covenants. With a view to making available the ------------------ benefits of certain rules and regulations of the SEC, including without limitation Rule 144, that may permit the sale of restricted securities to the public without registration, the Company agrees to use its best efforts to:
Rule 144 Covenants. (a) Not sell any securities of the same class or convertible into the same class of securities as the Triarc Collateral, whether or not such securities are pledged hereunder, from the date hereof until the Obligations have been paid in full, and in the event of any such sale consented to by the Bank will furnish the Bank with a copy of any Form 144 filed in respect of such sale. The Borrowers will cause any Person with whom it shall be deemed one "person" for purposes of Rule 144(a)(2) to refrain from selling any securities of the same class or convertible into the same class of securities as the Triarc Collateral, whether or not such securities are pledged hereunder, from the date hereof until the Obligations have been paid in full and the Commitment terminated, and in the event of any such sale consented to by the Bank will furnish the Bank with a copy of any Form 144 filed in respect of such sale.
Rule 144 Covenants. The Pledgor will not sell any securities of the same class or convertible into the same class of securities as the Pledged Shares, whether or not such securities are pledged hereunder, and in the event of any such sale consented to by the Agent will furnish the Agent with a copy of any Form 144 filed in respect of such sale. The Pledgor will use his reasonable efforts to cause any Person with whom he shall be deemed one "person" for purposes of Rule 144(a)(2) (the Pledgor and all such parties being hereinafter collectively referred to as the "Attribution Group") to refrain from selling any securities of the same class or convertible into the same class of securities as the Pledged Shares, whether or not such securities are pledged hereunder, and in the event of any such sale consented to by the Agent will furnish the Agent with a copy of any Form 144 filed in respect of such sale.
Rule 144 Covenants. With a view to making available to the Purchasers the benefits of Rule 144 promulgated under the Securities Act or any other similar rule or regulation of the Commission that may at any time permit the Purchasers to sell securities of the Company to the public without registration (“Rule 144”), the Company agrees to:
Rule 144 Covenants. The Company agrees, for a period of three years from the date of this Agreement, to use its best efforts to (i) file with the Commission, in a timely manner, all reports required to be filed by the Company under the Exchange Act and (ii) to provide the Stockholder, upon request, information regarding the number of shares of Common Stock outstanding as shown by the most recent report or statement published by the Company.
Rule 144 Covenants. With a view to making available to each Holder the benefits of Rule 144 promulgated under the Act (which term as used herein includes the present Rule 144 and any other, additional, substitute, supplement, or analogous rule or regulation of the Commission that may at any time permit a Holder to sell securities to the public exempt from registration), the Company agrees, after consummation of a registered public offering, to maintain registration of its Common Stock under Section 12(g) or 15(d) of the Securities Exchange Act of 1934, as amended, as required by law, and (i) to file with the Commission in a timely manner all reports and other documents required to be filed by an issuer of securities registered under the Securities Exchange Act of 1934, as amended, so as to maintain the availability of Rule 144 to the Holders, notwithstanding that the Company would not have to maintain such filing but for this provision of the Agreement; (ii) at its expense, forthwith upon any Holder's request, to deliver to any Holder a certificate, signed by one of the Company's principal officers, stating (A) Company's name, address and telephone number (including area code), (B) Company's Internal Revenue Service identification number, (C) Company's Securities and Exchange Commission file number, (D) the number of shares of Common Stock outstanding as shown by the most recent report or statement published by Company and (E) the Company has filed the reports required to be filed under the Securities Exchange Act of 1934, as amended, for a period of at least 90 days prior to the date of such certificate and in addition has filed the most recent annual report required to be filed thereunder and such other or additional information as shall be necessary to made available to the Holder the ability to offer and sell the maximum number of shares under Rule 144; and (iii) when Rule 144 is being complied with, to deliver securities not bearing the legend prescribed by Section 7.1 of this Article or any other legend restricting transfer for such Securities, as may be requested from time to time by any Holder subject to Section 7.2 hereof.
Rule 144 Covenants. So long as this Option and any Option Shares remain outstanding, the Company will file all reports required to be filed by it under the Securities Act of 1933 or the Exchange Act and the rules and regulations promulgated by the Commission thereunder (or, if it is not required to file such reports, it will make publicly available such information as will enable holders of Option Shares to sell any restricted shares of capital stock held by it without registration as described below in this Section 13, and will take such further action as each such holder may reasonably request, all to the extent required from time to time to enable such holder to sell restricted securities held by it without registration within the limitations of the exemptions provided by (i) Rule 144 promulgated under the Securities Act of 1933, as such rule may be amended from to time, or (ii) any similar rule or regulation hereafter promulgated by the Commission.
Rule 144 Covenants. With a view to making available to the Holders the benefits of Rule 144, the Company agrees to: (i) comply with the provisions of paragraph (c) (1) of Rule 144; (ii) file with the SEC in a timely manner all reports and other documents required to be filed by the Company pursuant to Section 13 or 15(d) under the Exchange Act; and, if at any time it is not required to file such reports but in the past had been required to or did file such reports, it will, upon the request of any Holder, make available other information as required by, and so long as necessary to permit sales of, its Registrable Securities pursuant to Rule 144; and (iii) furnish to each Holder upon request, as long as such Holder owns any Registrable Securities, (A) a written statement by the Company that it has complied with the reporting requirements of the Securities Act and the Exchange Act, (B) a copy of the Company's most recent Annual Report on Form 10-K or Quarterly Report on Form 10-Q, and (C) such other information as may be reasonably requested in order to avail the Holder of any rule or regulation of the SEC that permits the selling of any such Registrable Securities without registration.
Rule 144 Covenants. The Company agrees during the effectiveness of the Registration Statements contemplated hereby to (i) file with the Commission, in a timely manner, all reports required to be filed by the Company under the Exchange Act, and (ii) to provide the Shareholders, upon request, information regarding the number of shares of Common Stock outstanding as shown by the most recent report or statement published by the Company.
