Information to Holders. Upon the request of any Holder, any holder of a beneficial interest in the Series 2017A Notes, or the Trustee (on behalf of a Holder or a holder of a beneficial interest in the Series 2017A Notes), the Company will furnish such information as is specified in paragraph (d)(4) of Rule 144A promulgated under the 1933 Act to Holders (and to holders of beneficial interests in the Series 2017A Notes), to prospective purchasers of the Series 2017A Notes (and of beneficial interests in the Series 2017A Notes) who are qualified institutional buyers or to the Trustee for delivery to such Holder or prospective purchasers of the Series 2017A Notes or beneficial interests therein, as the case may be, unless, at the time of such request, the Company is subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended. Delivery of information to the Trustee pursuant to this Section 109 is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants under the Indenture.
Appears in 2 contracts
Sources: Seventeenth Supplemental Indenture (Mississippi Power Co), Nineteenth Supplemental Indenture (Mississippi Power Co)
Information to Holders. Upon the request of any Holder, any holder of a beneficial interest in the Series 2017A 2018A Notes, or the Trustee (on behalf of a Holder or a holder of a beneficial interest in the Series 2017A 2018A Notes), the Company will furnish such information as is specified in paragraph (d)(4) of Rule 144A promulgated under the 1933 Act to Holders (and to holders of beneficial interests in the Series 2017A 2018A Notes), to prospective purchasers of the Series 2017A 2018A Notes (and of beneficial interests in the Series 2017A 2018A Notes) who are qualified institutional buyers or to the Trustee for delivery to such Holder or prospective purchasers of the Series 2017A 2018A Notes or beneficial interests therein, as the case may be, unless, at the time of such request, the Company is subject to the reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended. Delivery of information to the Trustee pursuant to this Section 109 is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants under the Indenture.
Appears in 1 contract
Sources: Twentieth Supplemental Indenture (Southern Power Co)