Certain Information Obligations. To the extent permitted by ------------------------------- applicable law or regulation, whether or not the Company is subject to the requirements of Section 13 or 15(d) of the Exchange Act, the Company shall file with the Commission all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. At any time when the Company is not permitted by applicable law or regulations to file the aforementioned reports, the Company shall mail to the Holders, within five days after it would have been required to file the same with the Commission, all information that the Company would have had to provide to the Commission if the Company had been subject to Section 13 or 15(d) of the Exchange Act. Also, at any time when the Company is not permitted by applicable law or regulations to file the aforementioned reports, upon the request of a Holder of a Senior Discount Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Senior Discount Note, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act. ASSIGNMENT FORM To assign this Senior Discount Note, fill in the form below: FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto ________________________________________________________________________________ (Please insert social security or other identifying number of assignee) at _____________________________________________________________________________ (Please print or typewrite name and address including postal zip code of assignee) ________________________________________________________________________________ the within Senior Discount Note and all rights thereunder, hereby irrevocably constituting and appointing ________________________________________ to transfer said Senior Discount Note on the books of the Company. The agent may substitute another to act for him. Date:________________________
Appears in 1 contract
Certain Information Obligations. To the extent permitted by ------------------------------- applicable law or regulation, whether or not the Company is subject to the requirements of Section 13 or 15(d) of the Exchange Act, the Company shall file with the Commission all quarterly and annual reports and such other information, documents or other reports (or copies of such portions of any of the foregoing as the Commission may by rules and regulations prescribe) required to be filed pursuant to such provisions of the Exchange Act. At any time when the Company is not permitted by applicable law or regulations to file the aforementioned reports, the Company shall mail to the Holders, within five days after it would have been required to file the same with the Commission, all information that the Company would have had to provide to the Commission if the Company had been subject to Section 13 or 15(d) of the Exchange Act. Also, at any time when the Company is not permitted by applicable law or regulations to file the aforementioned reports, upon the request of a Holder of a Senior Discount Note, the Company will promptly furnish or cause to be furnished such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act (or any successor provision thereto) to such Holder or to a prospective purchaser of such Senior Discount Note, as the case may be, in order to permit compliance by such Holder with Rule 144A under the Securities Act. ASSIGNMENT FORM To assign this Senior Discount Note, fill in the form below: FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto ________________________________________________________________________________ (Please insert social security or other identifying number of assignee) at _____________________________________________________________________________ (Please print or typewrite name and address including postal zip code of assignee) ________________________________________________________________________________ the within Senior Discount Note and all rights thereunder, hereby irrevocably constituting and appointing ________________________________________ to transfer said Senior Discount Note on the books of the Company. The agent may substitute another to act for him. Date:________________________
Appears in 1 contract