Securities Notification and Reporting Sample Clauses

Securities Notification and Reporting. The Company represents and warrants that it will take all responsibility (and hereby assumes all liability for the failure) to notify participants of any limitations on investment directions necessary or appropriate to comply with Federal securities laws (including the Securities Exchange Act of 1934 and the 1933 Act), including but not limited to the frequency of investment changes by certain officers and shareholder-employees pursuant to Section 16 of the Securities Exchange Act of 1934 and, to the extent applicable, the volume of trading in Employer Securities pursuant to Regulation M and the timing of trading and blackout periods under the ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002. Consequently the Trustee will have no liability to a participant, beneficiary, or the Company for carrying out instructions relating to the acquisition or disposition of Employer Securities regardless of whether those instructions subject such person or the Company to any liability. The Company represents and warrants that either the percentage of the issued and outstanding class of equity security registered under Section 12 of the Securities Exchange Act of 1934 which is Employer Securities owned by the Plan (the “Plan Percentage”) is less than 4.5% or that the Plan and its prior trust have complied with all notice and filing requirements imposed by Federal securities laws with regard to the securities. The Company covenants that it will: (a) Notify the Trustee in writing within five business days following any date as of which the Plan Percentage equals or exceeds 4.5%; (b) Monitor the Plan Percentage on a daily basis so long as the Plan Percentage is at least 4.5%; (c) Notify the Trustee in writing within five business days following any date as of which the Plan Percentage equals or exceeds 5% and, if applicable, 10%; and (d) Provide monthly written reports to the Trustee disclosing the Plan Percentage. The foregoing monitoring and notification requirements will cease during any month when the Plan Percentage is below 4.5% for each day of the month. The provisions of this Article 3.5 will survive the termination of this Trust Agreement. The Company further represents and warrants that the Company will file all statements and reports required by the Securities and Exchange Commission that are required on account of the purchase, sale or ownership of Employer Securities by the Trust Fund, including without limitation Forms 11-K, 13-D, 13-G, and Forms 4 and 5, and that the Trustee will h...