Common use of Supplements; Amendments Clause in Contracts

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereof. The Company shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate (collectively, the “Holders”), to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge that they have supplied the information regarding themselves and their plan of resale in the Registration Statement within five (5) business days prior to the filing of the Registration Statement and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and such Holders and their successors and assigns shall promptly notify the Company of any changes in such information.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Dakota Growers Pasta Co Inc), Registration Rights Agreement (La Bella Holdings LLC), Registration Rights Agreement (Dakota Growers Pasta Co Inc)

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Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereof. The Company shall furnish to the holders Holders of the Registrable Securities, or their permitted transferees, as appropriate (collectively, the “Holders”), Securities to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge agree that they have supplied the information regarding themselves and their plan of resale in the Registration Statement will within five (5) business days prior to the filing of the Registration Statement supply information regarding themselves and their plan of resale to the Company and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and that such Holders and their successors and assigns shall will promptly notify the Company of any changes in such information.

Appears in 4 contracts

Samples: Registration Rights Agreement (Warburg Pincus Investors Lp), Registration Rights Agreement for Shares (Indus International Inc), Registration Rights Agreement (Indus International Inc)

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereofSecurities, if required. The Company shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate transferees (collectively, the "Holders"), to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge Each Holder as of the date hereof hereby: (i) acknowledges that they have it has supplied the information regarding themselves itself and their its plan of resale in the Registration Statement within five Statement; (5ii) business days prior to the filing of the Registration Statement and hereby waive or shall waive any waives notice of the initial filing of the Registration Statement, ; and such Holders (iii) agrees that it and their its successors and assigns shall will promptly notify the Company of any changes in such information.

Appears in 2 contracts

Samples: Registration Rights Agreement (Blue Rhino Corp), Registration Rights Agreement (Blue Rhino Corp)

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3the SEC form that the Company uses to register the Registrable Securities, including, without limitation, the instructions applicable to Form S-3such SEC form, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereofthereof unless such securities are otherwise registered under the Securities Act. The Company shall furnish to the holders of the Registrable SecuritiesPurchaser, or their its permitted transferees, as appropriate (collectively, the "Holders”), ") of the Registrable Securities to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable SecuritiesHolders. The Holders acknowledge or shall acknowledge agree that they have supplied the information regarding themselves and their plan of resale in the Registration Statement will within five (5) business days prior to the filing of the Registration Statement supply information regarding themselves and their plan of resale to the Company and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and that such Holders and their successors and assigns shall will promptly notify the Company of any changes in such information, other than sales or transfers of Common Stock.

Appears in 2 contracts

Samples: Purchase Agreement (Mellon HBV Alternative Strategies LLC), Purchase Agreement (Dennys Corp)

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereof. The Company shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate (collectively, the "Holders"), to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge that they have supplied the information regarding themselves and their plan of resale in the Registration Statement to be filed within five (5) business days prior to the filing of the Registration Statement Closing and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and that such Holders and their successors and assigns shall will promptly notify the Company of any changes in such information.

Appears in 2 contracts

Samples: Registration Rights Agreement (Nanophase Technologies Corporation), Form of Registration Rights Agreement (Good Guys Inc)

Supplements; Amendments. Subject to Section 6 hereof, the Company Issuer shall supplement or amend the Registration Statement, (i) as required by Form S-3the applicable SEC Form, including, without limitation, the instructions for the applicable to Form S-3SEC Form, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereofthereof unless such securities are otherwise registered under the Securities Act. The Company Issuer shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate (collectively, the “Holders”), to which the Registration Statement relates Holders copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable SecuritiesHolders. The Holders acknowledge or shall acknowledge agree that they have supplied the information regarding themselves and their plan of resale in the Registration Statement will within five (5) business days prior to the filing of the Registration Statement supply information regarding themselves and their plan of resale to Issuer and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and that such Holders and their successors and assigns shall will promptly notify the Company Issuer of any changes in such information, other than sales or transfers of Common Stock.

Appears in 1 contract

Samples: Registration Rights Agreement (Paradyne Networks Inc)

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereof. The Company shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate (collectively, the "Holders"), to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge that they have within five (5) business days of Closing supplied the information regarding themselves and their plan of resale in the Registration Statement within five (5) business days prior to the filing of the Registration Statement be filed and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and that such Holders and their successors and assigns shall will promptly notify the Company of any changes in such information.

Appears in 1 contract

Samples: Registration Rights Agreement (Nuco2 Inc /Fl)

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Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”"EXCHANGE ACT"), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereofSecurities, if required. The Company shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate transferees (collectively, the “Holders”"HOLDERS"), to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge Each Holder as of the date hereof hereby: (i) acknowledges that they have it has supplied the information regarding themselves itself and their its plan of resale in the Registration Statement within five Statement; (5ii) business days prior to the filing of the Registration Statement and hereby waive or shall waive any waives notice of the initial filing of the Registration Statement, ; and such Holders (iii) agrees that it and their its successors and assigns shall will promptly notify the Company of any changes in such information.

Appears in 1 contract

Samples: Registration Rights Agreement (Blue Rhino Corp)

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereof. The Company shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate (collectively, the "Holders"), to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge that they have supplied the information regarding themselves and their plan of resale in the Registration Statement within five (5) business days prior to the filing of the Registration Statement and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and such Holders and their successors and assigns shall promptly notify the Company of any changes in such information.

Appears in 1 contract

Samples: Registration Rights Agreement (MVC Capital, Inc.)

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereofthereof unless such securities are otherwise registered under the Securities Act. The Company shall furnish to the holders of the Registrable Securitiesholders, or their permitted transferees, as appropriate (collectively, the "Holders”), ") of the Registrable Securities to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable SecuritiesHolders. The Holders acknowledge or shall acknowledge agree that they have supplied the information regarding themselves and their plan of resale in the Registration Statement will within five (5) business days prior to the filing of the Registration Statement supply information regarding themselves and their plan of resale to the Company and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and that such Holders and their successors and assigns shall will promptly notify the Company of any changes in such information, other than sales or transfers of Common Stock.

Appears in 1 contract

Samples: Registration Rights Agreement (Indus International Inc)

Supplements; Amendments. Subject to Section 6 hereof, the Company shall supplement or amend the Registration Statement, (i) as i)as required by Form S-3, including, without limitation, the instructions applicable to Form S-3, or by the Securities Act, the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the rules and regulations promulgated under the Securities Act or the Exchange Act, respectively, and (ii) to ii)to include in the Registration Statement any additional securities that become Registrable Securities by operation of the definition thereof. The Company shall furnish to the holders of the Registrable Securities, or their permitted transferees, as appropriate (collectively, the "Holders"), to which the Registration Statement relates copies of any such supplement or amendment sufficiently in advance (but in no event less than five (5) business days in advance) of its use and/or filing with the Commission to allow the Holders a meaningful opportunity to comment thereon with respect to the information contained therein regarding the Holders and any plan for resale of the Registrable Securities. The Holders acknowledge or shall acknowledge that they have supplied the information regarding themselves and their plan of resale in the Registration Statement to be filed within five (5) business days prior to the filing of the Registration Statement Closing and hereby waive or shall waive any notice of the initial filing of the Registration Statement, and that such Holders and their successors and assigns shall will promptly notify the Company of any changes in such information.

Appears in 1 contract

Samples: Registration Rights Agreement (Good Guys Inc)

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