Exchange Act Reporting Requirements. On or prior to the effective date of the IPO, the Company shall register the Common Stock under Section 12 of the Exchange Act and shall thereafter (whether or not it shall then be required to do so) use commercially reasonable efforts to timely file such information, documents and reports as the SEC may require or prescribe under Section 13 or 15(d) (whichever is applicable) of the Exchange Act. In addition, the Company shall use all commercially reasonable efforts to file such other information, documents and reports, as shall hereafter be required by the SEC as a condition to the availability of Rule 144 under the Securities Act (or any successor provision) and the use of Form S-3. The Company shall forthwith upon reasonable request furnish any Holder of Registrable Securities (a) a written statement by the Company that it has complied with such reporting requirements, (b) a copy of the most recent annual or quarterly report of the Company, and (c) such other reports and documents filed by the Company with the SEC as such Holder may reasonably request in availing itself of an exemption for the sale of Registrable Securities without registration under the Securities Act pursuant to Rule 144 thereunder.
Appears in 2 contracts
Sources: Registration Rights Agreement (MortgageIT Holdings, Inc.), Registration Rights Agreement (MortgageIT Holdings, Inc.)