Furnishing Information. (a) No Holder shall use any free writing prospectus (as defined in Rule 405) in connection with the sale of Registrable Securities without the prior written consent of the Company.
(b) It shall be a condition precedent to the obligations of the Company to take any action pursuant to Section 4 of this Annex E that the selling Holders and the underwriters, if any, shall furnish to the Company such information regarding themselves, the Registrable Securities held by them and the intended method of disposition of such securities as shall be required to effect the registered offering of their Registrable Securities.
Furnishing Information. It shall be a condition precedent to the obligations of the Company to take any action pursuant to this Agreement that the selling Holders shall furnish to the Company such information regarding themselves, the Registrable Securities held by them and the intended method of disposition of such securities as shall be required to effect the registration of their Registrable Securities.
Furnishing Information. Each of the Company, on the one hand, and Parent and Merger Sub, on the other hand, will furnish all information concerning it and its Affiliates, if applicable, as the other Party may reasonably request in connection with the preparation and filing with the SEC of the Proxy Statement and any Other Required Company Filing or any Other Required Parent Filing. If at any time prior to the Company Stockholder Meeting any information relating to the Company, Parent, Merger Sub or any of their respective Affiliates should be discovered by the Company, on the one hand, or Parent or Merger Sub, on the other hand, that should be set forth in an amendment or supplement to the Proxy Statement, any Other Required Company Filing or any Other Required Parent Filing, as the case may be, so that such filing would not include any misstatement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, then the Party that discovers such information will promptly notify the other, and an appropriate amendment or supplement to such filing describing such information will be promptly prepared and filed with the SEC by the appropriate Party and, to the extent required by applicable law or the SEC or its staff, disseminated to the Company Stockholders.
Furnishing Information. It shall be a condition precedent to the obligations of the Company to take any action pursuant to this Article II that each Holder furnish to the Company in writing such information regarding such Holder, the Registrable Securities held by it and the intended method of disposition of such securities as shall be required to effect the registration thereof.
Furnishing Information. The Borrower shall:
(i) deliver to the Agent (with copies for each Lender which Agent shall distribute) within 55 days after the end of each of the first three Fiscal Quarters in each Fiscal Year of the Borrower, the Borrower's Form 10-Q filed with the Securities and Exchange Commission together with (A) consolidated and consolidating balance sheets as at the end of such period for the Borrower and its Subsidiaries, (B) consolidated and consolidating statements of income for such period for the Borrower and its Subsidiaries and, in the case of the second and third quarterly periods, for the period from the beginning of the current Fiscal Year to the end of such quarterly period, and (C) consolidated and consolidating statements of cash flow for such period for the Borrower and its Subsidiaries and, in the case of the second and third quarterly periods, for the period from the beginning of the current Fiscal Year to the end of such quarterly period; and each such statement shall set forth, in comparative form, corresponding figures for the corresponding period in the immediately preceding Fiscal Year and all such statements shall be prepared in reasonable detail in accordance with GAAP and certified, subject to changes resulting from year-end adjustments, by the chief financial officer or treasurer of the Borrower;
(ii) deliver to the Agent (with copies for each Lender which Agent shall distribute) within 100 days after the end of each Fiscal Year of the Borrower, the Borrower's Form 10-K filed with the Securities and Exchange Commission together with (A) consolidated and consolidating balance sheets as at the end of such year for the Borrower and its Subsidiaries, (B) consolidated and consolidating statements of income for such year for the Borrower and its Subsidiaries, (C) consolidated and consolidating statements of cash flow for such year for the Borrower and its Subsidiaries, and (D) consolidated and consolidating statements of shareholders equity for such year for the Borrower and its Subsidiaries; and each such statement shall set forth, in comparative form, corresponding figures for the immediately preceding Fiscal Year; and all such financial statements shall present fairly in all material respects the financial position of the Borrower and its consolidated Subsidiaries, as at the dates indicated and the results of its operations and its cash flow for the periods indicated, in conformity with GAAP; and the Borrower shall cause each of the consolid...
Furnishing Information. Each of the parties hereto will, as soon as practicable after reasonable request therefor, furnish all the information concerning it required for inclusion in any statement or application made by any of them to any governmental or regulatory body in connection with the transactions contemplated by this Agreement.
Furnishing Information. 22.1 The Service Provider may, from time to time and at any time, require any participant to furnish any information pertaining to any transaction executed or to be executed, or settled or to be settled, under MEPS+, or pertaining to the operation of MEPS+ or the participation of that participant in MEPS+, and the participant concerned shall furnish the information accordingly.
22.2 A participant which furnishes any information pursuant to Rule 22.1 shall ensure that such information is correct and accurate.
Furnishing Information. Borrower shall deliver or cause to be delivered to Lender and Mortgage Correspondent (1) annual financial statements for Borrower (and for the Property if it is not the only asset owned by Borrower); (2) annual financial statements for Indemnitor; (3) a duly executed current Borrower Annual Certification to Lender, in the form attached hereto as Exhibit C; and (4) annual tenant sales for any tenant where reporting of tenant sales is required under the terms of the lease or any amendment or modification thereto, in each of the foregoing cases as soon as available and in all events no later than ninety (120) days after the close of each fiscal year of Borrower and Indemnitor (as applicable). Annual financial statements of Borrower and the Property shall include a current rent roll for the Property, to be submitted within ninety (120) days after the end of Borrower’s fiscal year. Lender shall have the right to require that the Borrower provide quarterly financial statements and rent rolls (including aged delinquency reports) at any time during the Loan term. Notwithstanding the foregoing requirement at Section 3.13(3), if Borrower or Indemnitor have any ownership interest in (whether direct or indirect) or are under common control or related entities with any tenant, then and in that case, regardless of the requirements under the lease, or any amendment or modification thereto, Borrower shall deliver or cause to be delivered annual tenant financial statements and tenant sales, if applicable, as required above. On the occurrence of an Event of Default, Borrower and Indemnitor shall promptly provide Lender and Mortgage Correspondent with such additional financial reports and such additional financial information as Lender may require. If an Event of Default has occurred, or Lender reasonably believes that previously provided financial statements are inaccurate, the annual statements shall be audited by certified public accountants acceptable to Lender and prepared in accordance with generally accepted accounting principles. Borrower shall also furnish a current operating statement for the Property (including a rent roll if there are any leases of the Property or any part thereof), at the time it delivers its financial statements. Additionally, Borrower and Indemnitor will:
(a) promptly supply Lender and Mortgage Correspondent with such information concerning Borrower’s and Indemnitor’s respective affairs relating to the Property as Lender may reasonably request...
Furnishing Information. Broker shall furnish MLIDC and any ---------------------- regulatory authority with jurisdiction over the subject matter of this Agreement with any information, documentation, or reports prepared in connection with or related to this Agreement which may be requested by MLIDC or such a regulatory authority in order to ascertain whether the operations of MLIDC or Broker related to the Contracts are being conducted in a manner consistent with Applicable Law.
Furnishing Information. (i) Neither the Investor nor any Holder shall use any free writing prospectus (as defined in Rule 405 under the Securities Act) in connection with the sale of Registrable Securities without the prior written consent of the Company.
(ii) It shall be a condition precedent to the obligations of the Company to take any action pursuant to Section 3.5(c) as to a selling Holder that such selling Holder, and the underwriters, if any, shall furnish to the Company such information regarding themselves, the Registrable Securities held by them and the intended method of disposition of such securities as shall be required to effect the registered offering of their Registrable Securities.
