Common use of Rule 144A Information Requirement Clause in Contracts

Rule 144A Information Requirement. The Company covenants and agrees that it shall, during any period in which it is not subject to Section 13 or 15(d) under the Exchange Act, so long as any of the Notes or shares of Common Stock delivered upon conversion of the Notes will, at such time, constitute “restricted securities” within the meaning of Rule 144(a)(3) under the Securities Act, promptly provide to the Trustee and will, upon written request, provide to any Holder or beneficial owner of such Notes or such shares of Common Stock and any prospective purchaser of such Notes or such shares of Common Stock, the information required pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of such Notes or such shares of Common Stock pursuant to Rule 144A under the Securities Act, and it will take such further action as any Holder or beneficial owner of such Notes or such shares of Common Stock may reasonably request from time to time to enable such Holder or beneficial owner to sell such Notes or such shares of Common Stock in accordance with Rule 144A, as such rule may be amended from time to time.

Rule 144A Information Requirement. The (a) At any time the Company covenants and agrees that it shall, during any period in which it is not subject to Section 13 or 15(d) under of the Exchange Act, the Company shall, so long as any of the Notes Securities or any shares of Common Stock delivered issuable upon conversion of the Notes willthereof shall, at such time, constitute “restricted securities” within the meaning of Rule 144(a)(3) under the Securities Act, promptly provide to the Trustee and willand, upon written request, provide to any Holder or Holder, beneficial owner or prospective purchaser of such Notes Securities or such any shares of Common Stock and any prospective purchaser issuable upon conversion of such Notes or such shares of Common StockSecurities, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of such Notes Securities or such shares of Common Stock pursuant to Rule 144A under the Securities Act, and it will 144A. The Company shall take such further action as any Holder or beneficial owner of such Notes Securities or such shares of Common Stock may reasonably request to the extent from time to time required to enable such Holder or beneficial owner to sell such Notes Securities or such shares of Common Stock in accordance with Rule 144A, as such rule may be amended from time to time.

Rule 144A Information Requirement. The At any time the Parent is not, or the Company covenants and agrees that it shallis not, during any period in which it is not subject to Section 13 or 15(d) under the Exchange Act, the Company or Parent, as applicable, will so long as any of the Notes or shares of Common Stock delivered upon conversion exchange of the Notes will, at such time, constitute “restricted securities” within the meaning of Rule 144(a)(3) under the Securities Act, promptly provide to the Trustee and will, upon written request, provide to any Holder or Holder, beneficial owner of such Notes or such shares of Common Stock and any prospective purchaser of such Notes or such shares of Common Stock, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of such Notes or such shares of Common Stock pursuant to Rule 144A under the Securities Act, . The Company and it the Parent will take such further action as any Holder or beneficial owner of such Notes or such shares of Common Stock may reasonably request from time to time to enable such Holder or beneficial owner to sell such Notes or such shares of Common Stock in accordance with Rule 144A144A under the Securities Act, as such rule may be amended from time to time.

Rule 144A Information Requirement. The Within the period prior to the expiration of the holding period applicable to sales of Notes or any Common Stock issuable on conversion thereof under Rule 144(k) under the Securities Act (or any successor provision), the Company covenants and agrees that it shall, during any period in which it is not subject to Section 13 or 15(d) under the Exchange Act, so long as any of the Notes or shares of Common Stock delivered upon conversion of the Notes will, at such time, constitute “restricted securities” within the meaning of Rule 144(a)(3) under the Securities Act, promptly provide to the Trustee and will, upon written request, provide make available to any Holder holder or beneficial owner of a beneficial interest in a Note or to any holder of such Common Stock, in either case which continues to be a Restricted Security, in connection with any sale thereof, and to any prospective purchasers of Notes or such shares of Common Stock and any prospective purchaser of from such Notes holder or such shares of Common Stockbeneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act to facilitate upon the resale written request of such any holder of or owner of a beneficial interest in, the Notes or such shares of Common Stock pursuant to Rule 144A under the Securities Act, and it will take such further action as any Holder holder or beneficial owner of such Notes or such shares of Common Stock may reasonably request request, all to the extent required from time to time to enable such Holder holder or beneficial owner to sell such its Notes or such shares of Common Stock in accordance with (or beneficial interests therein) without registration under the Securities Act within the limitation of the exemption provided by Rule 144A, as such rule may be amended from time to time.

Rule 144A Information Requirement. The Company covenants and agrees that it shall, during any period in which it is not subject to Section 13 or 15(d) under the Exchange Act, so long as any of the Notes or shares of Common Stock delivered upon conversion of the Notes will, at such time, constitute “restricted securities” within the meaning of Rule 144(a)(3) under the Securities Act, promptly provide to the Trustee and will, upon written request, provide to any Holder or beneficial owner of such Notes or such shares of Common Stock and any prospective purchaser of such Notes or such shares of Common Stock, the information required pursuant to Rule 144A(d)(4) under the Securities Act to facilitate the resale of such Notes or such shares of Common Stock pursuant to Rule 144A under the Securities Act, and it will take such further action as any Holder or beneficial owner of such Notes or such shares of Common Stock may reasonably request from time to time to enable such Holder or beneficial owner to sell such Notes or such shares of Common Stock in accordance with Rule 144A, as such rule may be amended from time to time.