Common use of RULE 144A AND RULE 144 Clause in Contracts

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule 144 or Rule 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9, nothing in this Section 9 will be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 6 contracts

Sources: Registration Rights Agreement (Shift Technologies, Inc.), Registration Rights Agreement (Cryoport, Inc.), Registration Rights Agreement (Xtant Medical Holdings, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time anytime the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 6 contracts

Sources: Registration Rights Agreement (BioMed Realty Trust Inc), Registration Rights Agreement (Kilroy Realty Corp), Registration Rights Agreement (Digital Realty Trust, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule 144 or Rule 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 98, nothing in this Section 9 8 will be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 4 contracts

Sources: Registration Rights Agreement (Xtant Medical Holdings, Inc.), Restructuring and Exchange Agreement (Xtant Medical Holdings, Inc.), Registration Rights Agreement (Xtant Medical Holdings, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 4 contracts

Sources: Registration Rights Agreement (Federal Realty OP LP), Registration Rights Agreement (Kite Realty Group Trust), Registration Rights Agreement (Extra Space Storage Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Each of the Company and the Guarantor covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 4 contracts

Sources: Registration Rights Agreement (Nextera Energy Partners, Lp), Registration Rights Agreement (Nextera Energy Partners, Lp), Registration Rights Agreement (MultiPlan Corp)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Issuer to register any of its securities pursuant to the Exchange Act.

Appears in 4 contracts

Sources: Registration Rights Agreement (Finance of America Companies Inc.), Registration Rights Agreement (Corporate Office Properties Trust), Registration Rights Agreement (Atlas Corp.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 3 contracts

Sources: Registration Rights Agreement (Sba Communications Corp), Registration Rights Agreement (Network Cn Inc), Registration Rights Agreement (Sba Communications Corp)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144(c) and Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A under the Act (including, without limitation, satisfying the requirements of Rule 144(c) and Rule 144A(d)(4)) under the Act). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 3 contracts

Sources: Registration Rights Agreement (Inovio Pharmaceuticals, Inc.), Registration Rights Agreement (Inovio Pharmaceuticals, Inc.), Registration Rights Agreement (Par Pacific Holdings, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 3 contracts

Sources: Purchase Agreement (NRG Yield, Inc.), Purchase Agreement (NRG Yield, Inc.), Purchase Agreement (NRG Yield, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 3 contracts

Sources: Registration Rights Agreement (Gramercy Property Trust Inc.), Registration Rights Agreement (American Residential Properties, Inc.), Registration Rights Agreement (Campus Crest Communities, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Operating Company to register any of its securities pursuant to the Exchange Act.

Appears in 3 contracts

Sources: Registration Rights Agreement (Welltower OP LLC), Registration Rights Agreement (Welltower OP LLC), Registration Rights Agreement (Colony Capital, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or the Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement (Northstar Realty Finance Corp.), Registration Rights Agreement (Northstar Realty Finance Corp.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time anytime the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement (Extra Space Storage Inc.), Registration Rights Agreement (Extra Space Storage Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 10 shall be deemed to require the Company or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement (Digital Realty Trust, Inc.), Registration Rights Agreement (Digital Realty Trust, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time anytime the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will use its commercially reasonable efforts to take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements, unless such statement has been included in the Company’s most recent report filed with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement (Linear Technology Corp /Ca/), Registration Rights Agreement (Linear Technology Corp /Ca/)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement (Group 1 Automotive Inc), Registration Rights Agreement (Kyphon Inc)

RULE 144A AND RULE 144. So long as any Registrable Restricted Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants and the Guarantors covenant that it they will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Restricted Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Restricted Securities, the Company will and the Guarantors shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement (Manor Care Inc), Registration Rights Agreement (Manor Care Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule 144 or Rule 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4144A(d)(f)). Upon the written request of any Holder of Registrable Securities, the Company will deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 98, nothing in this Section 9 8 will be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement, Registration Rights Agreement

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 2 contracts

Sources: Registration Rights Agreement (Corporate Office Properties Trust), Registration Rights Agreement (Corporate Office Properties Trust)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time anytime the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or the Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Northstar Realty)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, each of the Company will and the Guarantor shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is and the Guarantor are not required to file such reports, it they will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder▇▇▇▇▇▇’s Registrable Securities securities pursuant to Rules 144 and 144A 144A. Each of the Securities Act. The Company and the Guarantor covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably requestrequest in writing, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall promptly deliver to such Holder a written statement as to whether it and the Guarantor has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or the Guarantor to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Newmont Mining Corp /De/)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will and each of the Guarantors shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company and each of the Guarantors is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A 144A. The Company and each of the Securities Act. The Company Guarantors covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it and each of the Guarantors has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or any of the Guarantors to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Pier 1 Imports Inc/De)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of 144A. The Company, the Securities Act. The Company covenants Guarantors and the Controlling Shareholders covenant that it they will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will Company, the Guarantors and the Controlling Shareholders shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (American Dairy Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants and the Guarantors covenant that it they will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will and the Guarantors shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Eddie Bauer Holdings, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will each Issuer shall use reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company such Issuer is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. The Company 144A. Each Issuer covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will each Issuer shall promptly deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company Issuers to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Superior Energy Services Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time anytime the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s 's Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or the Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Northstar Realty)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will Issuer shall use commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company such Issuer is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities 's securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company Issuer covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will Issuer shall promptly deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company Issuer to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (L-1 Identity Solutions, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will Trust shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time anytime the Company Trust is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company Trust covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will Trust shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company Trust or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Pennsylvania Real Estate Investment Trust)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will Issuer and the Guarantors shall use their reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it them under the Exchange Act in a timely manner and, if at any time the Company Issuer or any of the Guarantors is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company Each of the Issuer and the Guarantors covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A of the Act (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will Issuer and the Guarantors shall deliver to such Holder a written statement as to whether it has they have complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 10 shall be deemed to require the Company Guarantors or the Issuer to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Digital Realty Trust, L.P.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 11 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Network Cn Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Issuers to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or the Issuer to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Abengoa Yield PLC)

RULE 144A AND RULE 144. So long as any Registrable Restricted Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities 's securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants and the Guarantors covenant that it they will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Restricted Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Restricted Securities, the Company will and the Guarantors shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (HCRC Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or the Issuer to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Northstar Realty)

RULE 144A AND RULE 144. So long as any Registrable Restricted Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Restricted Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Restricted Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Encore Capital Group Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided’ by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company or the Operating Partnership to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (First Potomac Realty Trust)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will and each of the Guarantors shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company and each of the Guarantors is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities 's securities pursuant to Rules 144 and 144A 144A. The Company and each of the Securities Act. The Company Guarantors covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it and each of the Guarantors has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or any of the Guarantors to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Chemed Corp)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities pursuant to Rules 144 and 144A of the Securities Act. The Company covenants that it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying including the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9, nothing in this Section 9 will be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Cheniere Energy Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities 's securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants and the Guarantors covenant that it they will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will and the Guarantors shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Calgon Carbon Corporation)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will and each of the Guarantors shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company and each of the Guarantors is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities 's securities pursuant to Rules 144 and 144A of the Securities Act. The Company and each of the Guarantors covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it and each of the Guarantors has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company or any of the Guarantors to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (King Pharmaceuticals Inc)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will Issuer shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company Issuer is not required to file such reports, it will, upon the written request of any Holder of Registrable Restricted Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company Issuer covenants that it will take such further action as any Holder of Registrable Restricted Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will Issuer shall promptly deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company Issuer to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Hornbeck Offshore Services Inc /La)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its reasonable best efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants and the Guarantor covenant that it they will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will and the Guarantor shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Origin Agritech LTD)

RULE 144A AND RULE 144. So long as any Registrable Securities remain outstanding, the Company will shall use its commercially reasonable efforts to file the reports required to be filed by it under Rule 144A(d)(4) under the Securities Act and the reports required to be filed by it under the Exchange Act in a timely manner and, if at any time the Company is not required to file such reports, it will, upon the written request of any Holder of Registrable Securities, make publicly available other information so long as necessary to permit sales of such Holder’s Registrable Securities securities pursuant to Rules 144 and 144A of the Securities Act. 144A. The Company covenants that that, as long as any Registrable Securities remain outstanding, it will take such further action as any Holder of Registrable Securities may reasonably request, all to the extent required from time to time to enable such Holder to sell Registrable Securities without registration under the Securities Act pursuant to Rule within the limitation of the exemptions provided by Rules 144 or Rule and 144A (including, without limitation, satisfying the requirements of Rule 144A(d)(4)). Upon the written request of any Holder of Registrable Securities, the Company will shall deliver to such Holder a written statement as to whether it has complied with such requirements. Notwithstanding anything to the contrary in this Section 9foregoing, nothing in this Section 9 will 8 shall be deemed to require the Company to register any of its securities pursuant to the Exchange Act.

Appears in 1 contract

Sources: Registration Rights Agreement (Intel Corp)