Common use of Rule 144A Information Requirement Clause in Contracts

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company Common Shares issued upon exchange thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common Shares, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (of Notes or any successor provision)Common Stock issued upon conversion thereof, each of the Issuer and the Parent Guarantor 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, make available to any holder Noteholder or beneficial holder of Notes or any Company holder or beneficial holder of Common Shares Stock issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares Stock designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any such holder or beneficial and it will take such further action as any such holder of the Notes or such Company Common Sharesmay reasonably request, all to the extent required from time to time to enable such holder or beneficial holder to sell its Notes or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect 144A. Upon the request of the Notes and any such holder, the Company Common Shares is availablewill deliver to such holder a written statement as to whether it has complied with such requirements.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder Holder or beneficial holder of Notes or any Company Common Shares Stock issued upon exchange thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares Stock designated by such holder Holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder Holder or beneficial holder of the Notes or such Company Common SharesStock, all to the extent required to enable such holder Holder or beneficial holder to sell its Notes or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares Stock is available.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor Guarantors 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, make available to any holder or beneficial holder of Notes or any Company Common Shares issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common Shares, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.144A.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company Common Shares Stock issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares Stock designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common SharesStock, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.144A.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company Common Shares issued upon exchange thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common Shares, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder Holder or beneficial holder of Notes or any Company Common Shares issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by such holder Holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder Holder or beneficial holder of the Notes or such Company Common Shares, all to the extent required to enable such holder Holder or beneficial holder to sell its Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.

Rule 144A Information Requirement. Within the period prior to the expiration of If at any time during the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of ) the Issuer and the Parent Guarantor covenants and agrees that it shall, during any period in which it Company is not subject to Section 13 or 15(d) under the Exchange Act, the Company covenants and agrees that it shall make available to any holder or beneficial holder of Notes or any Company Common Shares issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common Shares, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder Holder or beneficial holder of Notes Restricted Securities or any Company Common Shares issued upon exchange thereof which continue to be Restricted Securities Stock bearing the legend set forth in Exhibit C-2 hereto in connection with any sale thereof and any prospective purchaser of Notes the Securities or such Company Common Shares Stock designated by such holder Holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder Holder or beneficial holder of the Notes Securities or such Company Common SharesStock, all to the extent required from time to time to enable such holder Holder or beneficial holder to sell its Notes Securities or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available144A, as such rule may be amended from time to time.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company Common Shares issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common Shares, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.144A.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company Common Shares Stock issued upon exchange thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares Stock designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common SharesStock, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares Stock is available.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company Common Shares Stock issued upon exchange thereof conversion thereof, in each case which continue to be Restricted Securities Securities, in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by Stock from such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common Shares, all to the extent required to enable Stock and it will take such further action as any holder or beneficial holder to sell its of such Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.such

Rule 144A Information Requirement. Within the period prior Prior to the expiration of Resale Restriction Termination Date, the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), Company and each of the Issuer and the Parent Guarantor covenants and agrees agree that it they shall, during any period in which it is not subject to Section 13 or 15(d) under the Exchange Act, make available to upon the request of any holder Holder or beneficial holder of Notes the Securities, make available to such Holder or beneficial holder of Securities or any Company Common Shares Stock issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes Securities or such Company Common Shares Stock designated by such holder Holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of and it will take such further action as any holder Holder or beneficial holder of the Notes such Securities or such Company Common SharesStock may reasonably request, all to the extent required from time to time to enable such holder Holder or beneficial holder to sell its Notes Securities or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available144A, as such Rule may be amended from time to time.

Rule 144A Information Requirement. Within If at any time within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k144(b)(1) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, the Issuer covenants and agrees that it will make available to any holder or beneficial holder of Notes or any Company Lexington Common Shares issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Lexington Common Shares designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Lexington Common Shares, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Lexington Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Lexington Common Shares is available.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder Holder or beneficial holder of Notes Securities or any Company Common Shares Stock issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes Securities or such Company Common Shares Stock designated by such holder Holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder Holder or beneficial holder of the Notes Securities or such Company Common SharesStock, all to the extent required from time to time to enable such holder Holder or beneficial holder to sell its Notes Securities or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available144A, as such rule may be amended from time to time.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company shares of Common Shares Stock issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company shares of Common Shares Stock designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company shares of Common SharesStock, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company shares of Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.144A.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder Holder or beneficial holder owner of Notes or any Company Common Shares issued upon exchange conversion thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares designated by such holder Holder or beneficial holderowner, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder Holder or beneficial holder owner of the Notes or such Company Common Shares, all to the extent required to enable such holder Holder or beneficial holder owner to sell its Notes or Company Common Shares without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares is available.144A.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder Holder or beneficial holder of Notes Securities or any Company Common Shares Stock issued upon exchange thereof conversion thereof, in each case which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes Securities or such Company Common Shares Stock designated by such holder Holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder Holder or beneficial holder of the Notes Securities or such Company Common SharesStock and it will take such further action as any Holder or beneficial holder of such Securities or such Common Stock may reasonably request, all to the extent required from time to time to enable such holder Holder or beneficial holder to sell its Notes Securities or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect 144A, as such rule may be amended from time to time. Upon the request of any Holder or any beneficial holder of the Notes and Securities or such Common Stock, the Company Common Shares is availablewill deliver to such Holder a written statement as to whether it has complied with such requirements.

Rule 144A Information Requirement. Within the period prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision), each of the Issuer and the Parent Guarantor 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, make available to any holder or beneficial holder of Notes or any Company Common Shares Stock issued upon exchange thereof which continue to be Restricted Securities in connection with any sale thereof and any prospective purchaser of Notes or such Company Common Shares Stock designated by such holder or beneficial holder, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any holder or beneficial holder of the Notes or such Company Common SharesStock, all to the extent required to enable such holder or beneficial holder to sell its Notes or Company Common Shares Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless a resale shelf registration statement in respect of the Notes and the Company Common Shares Stock is available.