Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall furnish to the Holders of Notes, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC): (1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file these 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 the Issuer’s independent registered public accounting firm; and (2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. For so long as any Notes remain outstanding, the Issuer shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 3 contracts
Sources: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP), Indenture (M I Homes Inc)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall Company will furnish (without exhibits) to the Holders of Notes, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC):regulations:
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer Company were required to file these 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 the IssuerCompany’s certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer Company were required to file these reports. The Company shall also comply with TIA Section 314(a). In addition, whether or not required by the SEC, the Issuer shall Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. For so long as any Notes remain outstanding, the Issuer shall Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 3 contracts
Sources: Indenture (Phi Inc), Indenture (Phi Inc), Indenture (Phi Inc)
Reports to Holders. Whether or not required by the SECrules and regulations of the Commission, so long as any Notes Securities are outstanding, the Issuer 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 NotesSecurities and to securities analysts and prospective investors, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC):upon their written request:
(1i) all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Issuer Company were required to file these such Forms, including a “"Management’s '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 the annual financial statements thereon by the Issuer’s Company's certified independent registered public accounting firmaccountants; and
(2ii) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Issuer Company were required to file these 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 SECrules and regulations of the Commission, the Issuer Company shall file a copy of all of the such information and reports referred to in clauses (1) and (2) above with the SEC Commission for public availability within the time periods specified in the SEC’s Commission's rules and regulations (unless the SEC Commission will not accept the such a filing) and make the such information available to securities analysts and prospective investors upon requestwritten request to the Company. For In addition, for so long as any Notes Securities remain outstanding, the Issuer Company shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 2 contracts
Sources: Indenture (Salt Holdings Corp), Indenture (Salt Holdings Corp)
Reports to Holders. Whether or not required by the SECrules and regulations of the Commission, so long as any Notes are outstanding, the Issuer Company shall furnish to the Holders of Notes, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC)::
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Issuer Company were required to file these such Forms, including a “"Management’s '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 the annual financial statements thereon by the Issuer’s Company's certified independent registered public accounting firmaccounts; and
(2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Issuer Company were required to file these such reports, in each case within the time periods specified in the Commission's rules and regulations. In addition, whether or not required by the SECrules and regulations of the Commission, the Issuer Company shall file a copy of all of the such information and reports referred to in clauses (1) and (2) above with the SEC Commission for public availability within the time periods specified in the SEC’s Commission's rules and regulations (unless the SEC Commission will not accept the such a filing) and make the such information available to securities analysts and prospective investors upon request. For In addition, the Company has agreed that, for so long as any Notes remain outstanding, the Issuer shall it will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Reports to Holders. Whether or not required by the SECrules and regulations of the Commission, so long as any Notes Securities are outstanding, the Issuer shall Company will furnish to the Holders of Notes, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC):Securities:
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Issuer Company were required to file these Formssuch forms, including a “"Management’s '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 the annual financial statements thereon by the Issuer’s Company's certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Issuer Company were required to file these such reports, in each case within the time periods specified in the Commission's rules and regulations. In addition, whether or not required by the SECrules and regulations of the Commission, the Issuer shall Company will file a copy of all of the such information and reports referred to in clauses (1) and (2) above with the SEC Commission for public availability within the time periods specified in the SEC’s Commission's rules and regulations (unless the SEC Commission will not accept the such a filing) and make the such information available to securities analysts and prospective investors upon request. For In addition, the Company has agreed that, for so long as any Notes Securities remain outstanding, the Issuer shall it will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Avado Brands Inc)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall furnish to the Holders of Notes, within the time periods specified in the SEC’s 's rules and regulations (including any grace periods or extensions permitted by the SEC):
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file these Formsforms, including a “"Management’s '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 the Issuer’s 's certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s 's rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. For so long as any Notes remain outstanding, the Issuer shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Res Care Inc /Ky/)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall furnish to the Holders of Notes, within the time periods specified in the SEC’s 's rules and regulations (including any grace periods or extensions permitted by the SEC):
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file these Forms, including a “"Management’s '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 the Issuer’s 's certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s 's rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. For so long as any Notes remain outstanding, the Issuer shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Matria Healthcare Inc)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall furnish to the Holders of NotesTrustee and, upon request to any Holder, within the time periods specified in the SEC’s 's rules and regulations (including any grace periods or extensions permitted by the SEC):regulations:
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10Form 40-Q and 10-K F if the Issuer were required to file these Forms, including a “"Management’s '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 the Issuer’s 's independent registered public accounting firmaccountants; and
(2) all quarterly and current reports that would be required to be filed with the SEC on Form 86-K if the Issuer were required to file these reports. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s 's rules and regulations (unless the SEC will shall not accept the filing) and make the information available to securities analysts and prospective investors upon request. For The Issuer and the Guarantors have agreed that, for so long as any Notes remain outstanding, the Issuer shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Ipsco Inc)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall furnish to the Holders of Notes, within the time periods specified in the SEC’s 's rules and regulations (including any grace periods or extensions permitted by the SEC):
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required quired to file these Forms, including a “"Management’s '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 the Issuer’s 's certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s 's rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. For so long as any Notes remain outstanding, the Issuer shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Meritage Corp)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer Company shall furnish to the Holders of Notes, within the time periods specified in the SEC’s 's rules and regulations (including any grace periods or extensions permitted by the SEC):regulations:
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer Company were required to file these Forms, including a “"Management’s '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 the Issuer’s Company's certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer Company were required to file these reports. In addition, whether or not required by the SEC, the Issuer Company shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s 's rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective pro- spective investors upon request. For The Company and the Guarantors have agreed that, for so long as any Notes remain outstanding, the Issuer Company shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Us Oncology Inc)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall will furnish to the Trustee and to the Holders of Notes(which may be made by electronic delivery, if consented to by the recipient), upon request to any Holder, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC) in the SEC’s rules and regulations (and, upon request, will so furnish to securities analysts and prospective investors in the Notes):
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file these Formsforms, including a “Management’s Discussion and Analysis of Financial Condition Conditions and Results of Operations” and, with respect to the annual information only, a report on the annual financial statements by the Issuer’s certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will shall not accept the filing) and make the information available to securities analysts and prospective investors upon request. For The Issuer has agreed that, for so long as any Notes remain outstanding, the Issuer shall will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Massey Energy Co)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall Company will furnish (without exhibits) to the Holders of Notes, within the time periods specified in the SEC’s 's rules and regulations (including any grace periods or extensions permitted by the SEC):regulations:
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer Company were required to file these Forms, including a “"Management’s '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 the Issuer’s Company's certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer Company were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall Company will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s 's rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. For The Company and the Guarantors have agreed that, for so long as any Notes remain outstanding, the Issuer shall Company will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall furnish to the Holders of Notes, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC):
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file these 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 the Issuer’s certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will not accept the filing) and make the information available to securities analysts and prospective investors upon request. For so long as any Notes remain outstanding, the Issuer shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Meritage Corp)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall will furnish to the Trustee and to the Holders of Notes(which may be made by electronic delivery, if consented to by the recipient), upon request to any Holder, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC) in the SEC's rules and regulations (and, upon request, will so furnish to securities analysts and prospective investors in the Notes):
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10-Q and 10-K if the Issuer were required to file these Formsforms, including a “"Management’s 's Discussion and Analysis of Financial Condition Conditions and Results of Operations” " and, with respect to the annual information only, a report re- port on the annual financial statements by the Issuer’s 's certified independent registered public accounting firmaccountants; and
(2) all current reports that would be required to be filed with the SEC on Form 8-K if the Issuer were required to file these reports. In addition, whether or not required by the SEC, the Issuer shall will file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s 's rules and regulations (unless the SEC will shall not accept the filing) and make the information available to securities analysts and prospective investors upon request. For The Issuer has agreed that, for so long as any Notes remain outstanding, the Issuer shall will furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Massey Energy Co)
Reports to Holders. Whether or not required by the SEC, so long as any Notes are outstanding, the Issuer shall furnish to the Holders of NotesTrustee and, upon request to any Holder, within the time periods specified in the SEC’s rules and regulations (including any grace periods or extensions permitted by the SEC):regulations:
(1) all quarterly and annual financial information that would be required to be contained in a filing with the SEC on Forms 10Form 40-Q and 10-K F if the Issuer were required to file these 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 the Issuer’s independent registered public accounting firmaccountants; and
(2) all quarterly and current reports that would be required to be filed with the SEC on Form 86-K if the Issuer were required to file these reports. In addition, following the consummation of the Exchange Offer contemplated by the Registration Rights Agreement, whether or not required by the SEC, the Issuer shall file a copy of all of the information and reports referred to in clauses (1) and (2) above with the SEC for public availability within the time periods specified in the SEC’s rules and regulations (unless the SEC will shall not accept the filing) and make the information available to securities analysts and prospective investors upon request. For The Issuer and the Guarantors have agreed that, for so long as any Notes remain outstanding, the Issuer shall furnish to the Holders and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act.
Appears in 1 contract
Sources: Indenture (Ipsco Inc)
Reports to Holders. (a) Whether or not required by the SECCommission, so long as any Notes Securities are outstanding, the Issuer shall Company will furnish to the Holders of NotesSecurities, within the time periods specified in the SECCommission’s rules and regulations (including any grace periods or extensions permitted by the SEC):regulations:
(1i) all quarterly and annual financial information that would be required to be contained in a filing with the SEC Commission on Forms 10-Q and 10-K if the Issuer Company were required to file these 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 the IssuerCompany’s certified independent registered public accounting firmaccountants; and
(2ii) all current reports that would be required to be filed with the SEC Commission on Form 8-K if the Issuer Company were required to file these such reports. In addition, whether .
(b) Whether or not required by the SECCommission, the Issuer shall Company will file a copy of all of the information and reports referred to in clauses (1a) and (2b) above of this Section 4.10 with the SEC Commission for public availability within the time periods specified in the SECCommission’s rules and regulations (unless the SEC Commission will not accept the such a filing) and make the such information available to securities analysts and prospective investors upon request. .
(c) For so long as any Notes of the Securities remain outstanding, the Issuer shall furnish Company will make available to any prospective purchaser of the Holders Securities or Holder of the Securities and to securities analysts and prospective investorsanalysts, upon their request, the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act during any period when the Company is not subject to Section 13 or 15(d) under the Exchange Act. Delivery of such reports, information and documents to the Trustee 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 hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).
Appears in 1 contract
Sources: Indenture (Leslies Poolmart Inc)