Reports to Holders. Subject to the last paragraph of this Section 4.17, whether or not required by the Commission, so long as any Notes are outstanding, the Company will furnish to the Holders of Notes, within the time periods specified in the Commission’s rules and regulations, and make available to securities analysts and potential investors upon request: (1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if Mosaic were required to file such forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by Mosaic’s independent registered public accounting firm; and (2) all current reports that would be required to be filed with the Commission on Form 8-K if Mosaic were required to file such reports. In addition, whether or not required by the Commission, the Company will file a copy of all the information and reports referred to above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to security analysts and prospective investors upon request after such filing. After such time as Mosaic is released from its Note Guarantee pursuant to clause (v) of Section 10.05, the information and reports to be furnished and filed pursuant to the preceding two paragraphs shall be information and reports with respect to the Company and there shall be no requirement to furnish or file any such information or reports with respect to Mosaic.
Appears in 11 contracts
Sources: Supplemental Indenture (Mosaic Crop Nutrition, LLC), Supplemental Indenture (Mosaic Crop Nutrition, LLC), Supplemental Indenture (Mosaic Co)
Reports to Holders. Subject to the last paragraph of this Section 4.17, whether Whether or not required by the Commission, so long as any Notes are outstanding, the Company Issuer will furnish to the Holders of Notes, or file electronically with the Commission through the Commission’s Electronic Data Gathering, Analysis and Retrieval System (or any successor system), within the time periods specified in applicable to the Commission’s rules and regulations, and make available to securities analysts and potential investors upon requestIssuer under Section 13(a) or 15(d) of the Exchange Act:
(1) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K if Mosaic the Issuer were required to file such formsthese Forms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by Mosaicthe Issuer’s certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the Commission on Form 8-K if Mosaic the Issuer were required to file such these reports. In addition, whether or not required by the Commission, the Company Issuer will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a the filing) and make such the information available to security securities analysts and prospective investors upon request after such filingrequest. After such time For so long as Mosaic is released from its Note Guarantee pursuant any Notes remain outstanding, the Issuer will furnish to clause (v) of Section 10.05the Holders and to securities analysts and prospective investors, upon their request, the information and reports required to be furnished and filed delivered pursuant to Rule 144A(d)(4) under the preceding two paragraphs shall be information and reports with respect to the Company and there shall be no requirement to furnish or file any such information or reports with respect to MosaicSecurities Act.
Appears in 5 contracts
Sources: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Reports to Holders. Subject to the last paragraph of this Section 4.17, whether Whether or not required by the rules and regulations of the Commission, so long as any Notes Securities are outstanding, the Company shall file a copy of the following information and reports with the Commission for public availability (unless the Commission will not accept such a filing) and shall furnish to the Holders of Notes, within the time periods specified in the Commission’s rules Securities and regulations, and make available to securities analysts and potential investors prospective investors, upon their written request:
(1i) all quarterly and annual financial information that would be required to be contained in a filing with the Commission on Forms 10-Q and 10-K under the Exchange Act if Mosaic the Company were required to file such formsForms, including a “Management’s Discussion and Analysis of Financial Condition and Results of Operations” that describes the financial condition and results of operations of the Company and its consolidated Subsidiaries and, with respect to the annual information only, a report on thereon by the annual financial statements by MosaicCompany’s certified independent registered public accounting firmaccountants; and
(2ii) all current reports that would be required to be filed with the Commission on Form 8-K under the Exchange Act if Mosaic the Company were required to file such reports, in each case within the time periods specified in the Commission’s rules and regulations. In addition, following the consummation of the Exchange Offer, whether or not required by the rules and regulations of the Commission, the Company will shall file a copy of all the such information and reports referred to above with the Commission for public availability within the time periods specified in the Commission’s rules and regulations (unless the Commission will not accept such a filing) and make such information available to security securities analysts and prospective investors upon written request after such filingto the Company. After such time In addition, for so long as Mosaic is released from its Note Guarantee pursuant any Securities remain outstanding, the Company shall furnish to clause (v) of Section 10.05the Holders and to securities analysts and prospective investors, upon their request, the information and reports required to be furnished and filed delivered pursuant to Rule 144A(d)(4) under the preceding two paragraphs shall be information and reports with respect to the Company and there shall be no requirement to furnish or file any such information or reports with respect to MosaicSecurities Act.
Appears in 2 contracts
Sources: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)