Common use of Rule 144 Information Clause in Contracts

Rule 144 Information. The Company covenants that, upon any registration statement covering Company securities becoming effective, it will file the reports required to be filed by it under the 1933 Act and the Exchange Act and the rules and regulations adopted by the Commission thereunder (or, if the Company is not required to file such reports, it will, upon the request of the Holder make publicly available other nonconfidential information as is necessary to permit sales under Rule 144 under the 1933 Act), and it will take such other action as the Holder may reasonably request, all to the extent required from time to time to enable the Holder to sell Registrable Securities without registration under the 1933 Act within the limitation of the exemptions provided by (a) Rule 144 under the 1933 Act, as such Rule may be amended from time to time, or (b) any similar rule or regulation hereafter adopted by the Commission; provided further that if the Company is not required to file reports under the 1933 Act and the Exchange Act and the rules and regulations adopted by the Commission thereunder, the Company shall, upon the request of the Holder, provide the Holder audited financial statements and access to the books and records of the Company and, if requested by the Holder sufficient information to enable the Holder to comply with Rule 144 or Rule 144A under the 1933 Act. Upon the request of the Holder, the Company will deliver to the Holder a written statement as to whether it has complied with such requirements.