Common use of Information Required by Rule 144A Clause in Contracts

Information Required by Rule 144A. The Company will, upon the request of the holder of this Warrant or of any shares of Series A Preferred Stock issued upon the exercise of this Warrant or shares of Common Stock issuable upon the conversion of such shares of Series A Preferred Stock, 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 Warrants or such shares of Series A Preferred Stock or Common Stock, except at such times as the Company is subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act. For the purpose of this Section 12, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.