Common use of Delivery of Certain Information Clause in Contracts

Delivery of Certain Information. At any time when the Company is not subject to Sections 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes or holder or beneficial owner of ADSs deliverable upon conversion of Notes, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes or holder or beneficial owner of ADSs deliverable upon conversion of Notes, or to a prospective purchaser of any such Note designated by any such Holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A in connection with the resale of any such Note. “Rule 144A Information” shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company’s reasonable satisfaction.

Appears in 2 contracts

Sources: Indenture (WEIBO Corp), Indenture (Sina Corp)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company’s 's reasonable satisfaction.

Appears in 2 contracts

Sources: Indenture (Artesyn Technologies Inc), Indenture (Memberworks Inc)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note Security designated by any such Holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A in connection with the resale of any such NoteSecurity. “Rule 144A Information” shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company’s reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Titan International Inc)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. “Rule 144A Information” shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company’s reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Saks Inc)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, the Company will shall promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A in connection with the resale of any such Notesecurity. “Rule 144A Information” shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company’s reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Cable Design Technologies Corp)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) and any reports required to be filed by it under the Exchange Act or the Securities Act or otherwise pursuant to Section 7 of the Registration Rights Agreement, to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company’s reasonable satisfaction.144A(d)

Appears in 1 contract

Sources: Indenture (Pg&e Corp)

Delivery of Certain Information. At any time ------------------------------- when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable Class A Common Stock delivered upon conversion of Notesthereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion of NotesClass A Common Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. "Rule 144A Information" shall be such --------------------- information as is specified pursuant to Rule 144A(d)(4) under the Securities ActAct or any successor provisions. Whether a Person person is a beneficial owner shall be determined by the Company to the Company’s 's reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Kv Pharmaceutical Co /De/)

Delivery of Certain Information. At any time when the Company Guarantor is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner Beneficial Owner of Notes Securities or holder or beneficial owner Beneficial Owner of ADSs deliverable Common Stock delivered upon conversion of Notesexchange therefor, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner Beneficial Owner of Notes Securities or holder or beneficial owner Beneficial Owner of ADSs deliverable Common Stock delivered upon conversion of Notes, exchange thereof or to a prospective purchaser of any such Note security designated by any such Holder, holder or Beneficial Owner, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. “Rule 144A Information” shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities ActAct or any successor provisions. Whether a Person is a beneficial owner Beneficial Owner shall be determined by the Company to the Company’s reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (PNC Financial Services Group Inc)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, or in accordance with Section 3.08(c), the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. “Rule "RULE 144A Information” INFORMATION" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company’s 's reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (General Mills Inc)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner Beneficial Owner of Notes Securities or holder or beneficial owner Beneficial Owner of ADSs deliverable Common Stock delivered upon conversion of Notesthereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner Beneficial Owner of Notes Securities or holder or beneficial owner Beneficial Owner of ADSs deliverable upon conversion of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. “Rule 144A Information” shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities ActAct or any successor provisions. Whether a Person is a beneficial owner Beneficial Owner shall be determined by the Company to the Company’s reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Magnum Hunter Resources Inc)

Delivery of Certain Information. At any time when the Company neither Obligor is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, or in accordance with Section 3.7(d), the Company will Obligors shall promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A in connection with the resale of any such Notesecurity. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company’s 's reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Best Buy Co Inc)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable shares of Common Stock issued upon conversion of Notesthereof, or in accordance with Section 3.08(c), the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion shares of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company’s 's reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Labone Inc/)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable Common Stock delivered upon conversion of Notesthereof, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities ActAct or any successor provisions. Whether a Person person is a beneficial owner shall be determined by the Company to the Company’s 's reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Yellow Roadway Corp)

Delivery of Certain Information. At any time when the Company is not subject to Sections 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes or holder or beneficial owner of ADSs deliverable Ordinary Shares issued upon conversion of Notes, the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes or holder or beneficial owner of ADSs deliverable Ordinary Shares issued upon conversion of Notes, or to a prospective purchaser of any such Note designated by any such Holder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A in connection with the resale of any such Note. “Rule 144A Information” shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person is a beneficial owner shall be determined by the Company to the Company’s reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Sina Corp)

Delivery of Certain Information. At any time when the Company is not subject to Sections Section 13 or 15(d) of the Exchange Act, upon the request of a Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable Common Stock issued upon conversion of Notesthereof, or in accordance with Section 3.08(c), the Company will promptly furnish or cause to be furnished Rule 144A Information (as defined below) to such Holder or any beneficial owner of Notes Securities or holder or beneficial owner of ADSs deliverable upon conversion of NotesCommon Stock, or to a prospective purchaser of any such Note security designated by any such Holderholder, as the case may be, to the extent required to permit compliance by such Holder or holder with Rule 144A under the Securities Act in connection with the resale of any such Notesecurity. "Rule 144A Information" shall be such information as is specified pursuant to Rule 144A(d)(4) under the Securities Act. Whether a Person person is a beneficial owner shall be determined by the Company to the Company’s 's reasonable satisfaction.

Appears in 1 contract

Sources: Indenture (Manpower Inc /Wi/)