Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 5 contracts
Sources: Fourth Amendment to Note Purchase Agreement (Matson, Inc.), Fourth Amendment to Third Amended and Restated Note Purchase and Private Shelf Agreement (Matson, Inc.), Note Purchase and Private Shelf Agreement (Nordson Corp)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 5 contracts
Sources: Revolving Credit and Reimbursement Agreement (Willcox & Gibbs Inc), Note Purchase Agreement (Marten Transport LTD), Note Purchase and Private Shelf Agreement (Wyle Electronics)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5D, the term “"qualified institutional buyer” " shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 3 contracts
Sources: Note Agreement (Alexander & Baldwin Inc), Private Shelf Agreement (Alexander & Baldwin Inc), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer permitted to purchase any Note under the terms of this Agreement designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “"qualified institutional buyer” " shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 3 contracts
Sources: Note Purchase and Private Shelf Agreement (Movado Group Inc), Note Purchase Agreement (American Biltrite Inc), Note Purchase and Private Shelf Agreement (American Biltrite Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5CSection 9.7, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 3 contracts
Sources: Note Purchase and Private Shelf Agreement (McGrath Rentcorp), Note Purchase and Private Shelf Agreement (McGrath Rentcorp), Note Purchase and Private Shelf Agreement (McGrath Rentcorp)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5D, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Sources: Note Purchase and Private Shelf Agreement (Northwest Pipe Co), Note Purchase and Private Shelf Agreement (Northwest Pipe Co)
Information Required by Rule 144A. The Company covenants that it will, upon the prior written request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section Section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5CSECTION 10.18, the term “"qualified institutional buyer” " shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Sources: Note Agreement (Amerigas Finance Corp), Note Agreement (Amerigas Finance Corp)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “"qualified institutional buyer” " shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Sources: Note Agreement (Source Media Inc), Note Agreement (Pulitzer Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 2 contracts
Sources: Uncommitted Master Shelf Agreement (Pinnacle West Capital Corp), Master Shelf Agreement (Layne Christensen Co)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5D, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Senior Promissory Note Agreement (Alexander & Baldwin Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holderholder who has agreed to be bound by paragraph 11P, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Note Purchase Agreement (Corrpro Companies Inc /Oh/)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Senior Promissory Note Agreement (Seneca Foods Corp /Ny/)
Information Required by Rule 144A. The Company Each Issuer covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company such Issuer is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other the information as such holder may reasonably determine required to be necessary delivered pursuant to Rule 144(d)(4) under the Securities Act in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act or exempt from reporting pursuant to Rule 12g3-2(b) under the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act."
Appears in 1 contract
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A l44A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “"qualified institutional buyer” " shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Master Shelf and Revolving Credit Agreement (NRG Energy Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any NoteSecurity, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of NotesNotes or Warrants, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “"qualified institutional buyer” " shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Subordinated Note and Warrant Purchase Agreement (Boots & Coots International Well Control Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section Section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5CSection 9.8, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (Cubic Corp /De/)
Information Required by Rule 144A. The Company Industries covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company Industries is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “"qualified institutional buyer” " shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any NoteHolder, provide such holderHolder, and any qualified institutional buyer designated by such holderHolder, such financial and other information as such holder Holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of NotesProject Bonds, except at such times as the Company Holdings is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C1B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Inducement Agreement (Brush Engineered Materials Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Shelf Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Shelf Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5K, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Private Shelf Agreement (Tennant Co)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C6B, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Multi Currency Note Purchase and Private Shelf Agreement (Kadant Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5N, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (Twin Disc Inc)
Information Required by Rule 144A. The Company covenants that it will, upon the request of the holder of any Noteholder, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as the Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5C5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.
Appears in 1 contract
Sources: Senior Notes Master Shelf Agreement (Transmontaigne Oil Co)