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), 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 or beneficial holder of Notes or any Common 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 Common 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 Common Stock, all to the extent required to enable such Holder or beneficial holder to sell its Notes or Common 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 Common 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 (of Notes or any successor provision)Common Stock issued upon conversion thereof, 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 Noteholder or beneficial holder of Notes or any holder or beneficial holder of Common 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 Common 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 such holder of the Notes or and it will take such Common Stockfurther action as any such holder may reasonably request, all to the extent required from time to time to enable such Holder or beneficial holder to sell its Notes or Common Stock without registration under the Securities Act within the limitation of the exemption provided by Rule 144A unless 144A. Upon the request of any such holder, the Company will deliver to such holder a resale shelf registration written statement in respect of the Notes and the Common Stock is availableas 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), 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 or any Common 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 Common 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 Common Stock, all to the extent required to enable such Holder holder or beneficial holder to sell its Notes or Common 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 Common Stock 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), the Company Issuer 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 shares of Common 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 shares of Common 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 shares of Common Stock, all to the extent required to enable such Holder holder or beneficial holder to sell its Notes or shares of Common 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 Common Stock is available.144A.

Rule 144A Information Requirement. Within the period prior Prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision)Resale Restriction Termination Date, the Company covenants and agrees each Guarantor 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 or beneficial holder of Notes the Securities, make available to such Holder or beneficial holder of Securities or any Common 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 Common 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 and it will take such further action as any Holder or beneficial holder of the Notes such Securities or such Common StockStock may reasonably request, all to the extent required from time to time to enable such Holder or beneficial holder to sell its Notes Securities or Common 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 Common Stock 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), the 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 or beneficial holder of Notes Securities or any Common 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 Common 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 Securities or such Common StockStock 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 or beneficial holder to sell its Notes Securities or Common 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 Common Stock is availableCompany will 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), 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 or beneficial holder of Notes or any Common Stock 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 Common Stock 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 Common StockShares, all to the extent required to enable such Holder or beneficial holder to sell its Notes or Common Stock 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 Common Stock 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), ) 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, the Company covenants and agrees that it shall make available to any Holder holder or beneficial holder of Notes or any Company Common Stock 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 Stock 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 StockShares, all to the extent required to enable such Holder holder or beneficial holder to sell its Notes or Company Common Stock 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 Stock 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), 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 or any Company Common 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 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 Stock, all to the extent required to enable such Holder holder or beneficial holder to sell its Notes or Company Common 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 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), 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 or beneficial holder of Notes Securities or any Common 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 Common 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 Securities or such Common Stock, all to the extent required from time to time to enable such Holder or beneficial holder to sell its Notes Securities or Common 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 Common Stock 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), 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 or beneficial holder owner of Notes or any Common Stock 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 Common Stock Shares designated by such Holder or beneficial holderowner, the information required pursuant to Rule 144A(d)(4) under the Securities Act upon the request of any Holder or beneficial holder owner of the Notes or such Common StockShares, all to the extent required to enable such Holder or beneficial holder owner to sell its Notes or Common Stock 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 Common Stock is available.144A.

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), the Company covenants and agrees that it shall, during any period in which it Issuer 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 holder or beneficial holder of Notes or any Lexington Common Stock 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 Lexington Common Stock 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 Lexington Common StockShares, all to the extent required to enable such Holder holder or beneficial holder to sell its Notes or Lexington Common Stock 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 Lexington Common Stock Shares is available.

Rule 144A Information Requirement. Within the period prior Prior to the expiration of the holding period applicable to sales thereof under Rule 144(k) under the Securities Act (or any successor provision)Holding Period, 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 or beneficial holder of Notes Securityholder or any such Common Stock issued upon exchange thereof Stock, in each case which continue to be Restricted Securities Securities, in connection with any sale thereof and any prospective purchaser Purchasers of Notes Securities or such Common Stock designated by 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 Securities or such Common StockStock 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 or beneficial holder to sell its Notes Securities or Common 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 Common Stock is availableCompany will 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), 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 or any Common 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 Common 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 Common Stock, all to the extent required to enable such Holder holder or beneficial holder to sell its Notes or Common 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 Common 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), 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 or beneficial holder of Notes Restricted Securities or any Common Stock issued upon exchange thereof which continue to be Restricted Securities 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 Common 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 Securities or such Common Stock, all to the extent required from time to time to enable such Holder or beneficial holder to sell its Notes Securities or Common 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 Common Stock is available144A, as such rule may be amended from time to time.