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

RULE 144A AND RULE 144. Each of the Issuers and each Guarantor agree with each Holder, for so long as any Transfer Restricted Securities remain outstanding and during any period in which such Issuers or such Guarantor (i) is not subject to Section 13 or 15(d) of the Exchange Act, to make available, upon request of any Holder or beneficial owner of Transfer Restricted Securities in connection with any sale thereof and any prospective purchaser of such Transfer Restricted Securities designated by such Holder or beneficial owner, the information required by Rule 144A(d)(4) under the Act in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144A, and (ii) is subject to Section 13 or 15(d) of the Exchange Act, to make all filings required thereby in a timely manner in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144. Notwithstanding the foregoing, nothing in this Section 9 shall be deemed to require the Issuers to register any of its securities pursuant to the Exchange Act.

RULE 144A AND RULE 144. Each of the Issuers The Company and each Guarantor agree agrees with each Holder, for so long as any Transfer Restricted Securities remain outstanding and during any period in which such Issuers the Company or such Guarantor (i) is not subject to Section 13 or 15(d) of the Exchange Act, to make available, upon request of any Holder, to such Holder or beneficial owner of Transfer Restricted Securities in connection with any sale thereof and any prospective purchaser of such Transfer Restricted Securities designated by such Holder or beneficial owner, the information required by Rule 144A(d)(4) under the Act in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144A, and (ii) is subject to Section 13 or 15(d15 (d) of the Exchange Act, to make all filings required thereby in a timely manner in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144. Notwithstanding the foregoing, nothing in this Section 9 shall be deemed to require the Issuers Company or the Guarantors to register any of its their securities pursuant to the Exchange Act.

RULE 144A AND RULE 144. Each of the Issuers and each Guarantor agree The Company agrees with each Holder, for so long as any Transfer Restricted Securities remain outstanding and during any period in which such Issuers or such Guarantor the Company (i) is not subject to Section 13 or 15(d) of the Exchange Act, to make available, upon request of any Holder, to such Holder or beneficial owner of Transfer Restricted Securities in connection with any sale thereof and any prospective purchaser of such Transfer Restricted Securities designated by such Holder or beneficial owner, the information required by Rule 144A(d)(4) under the Act in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144A, and subject to Section 4.6 of the Indenture in the case of Exchange Debentures, and (ii) is subject to Section 13 or 15(d15 (d) of the Exchange Act, to make all filings required thereby in a timely manner in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144. Notwithstanding , and subject to Section 2.6 of the foregoing, nothing Indenture in this Section 9 shall be deemed to require the Issuers to register any case of its securities pursuant to the Exchange ActDebentures.

RULE 144A AND RULE 144. Each of the Issuers The Company and each Guarantor agree agrees with each HolderHolder that, from and after the Closing Date, for so long as any Transfer Restricted Securities remain outstanding or, if earlier, until two years after the Closing Date, if the Company (a) shall cease to file reports under Sections 13 and during any period in which such Issuers or such Guarantor (i) is not subject to Section 13 or 15(d) of the Exchange ActAct with the Commission, the Company shall furnish to make availableholders of the Notes and prospective purchasers of Notes designated by such holders, upon request of any Holder such holders or beneficial owner of Transfer Restricted Securities in connection with any sale thereof and any such prospective purchaser of such Transfer Restricted Securities designated by such Holder or beneficial ownerpurchasers, the information required by to be delivered pursuant to Rule 144A(d)(4) under the Securities Act in order to permit compliance with Rule 144A in connection with resales of such Transfer Restricted Securities pursuant to Rule 144Athe Notes, and (iib) is subject to Section 13 or 15(d) of the Exchange Act, the Company will use all commercially reasonable efforts to make all filings required thereby in a timely manner in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144. Notwithstanding the foregoing, nothing in this Section 9 shall be deemed to require the Issuers to register any of its securities pursuant to the Exchange Act.

RULE 144A AND RULE 144. Each of the Issuers and each Guarantor agree The Company agrees with each Holder, for so long as any Transfer Restricted Securities remain outstanding and during any period in which such Issuers or such Guarantor the Company (i) is not subject to Section 13 or 15(d) of the Exchange Act, to make available, upon request of any Holder, to such Holder or beneficial owner of Transfer Restricted Securities in connection with any sale thereof and any prospective purchaser of such Transfer Restricted Securities designated by such Holder or beneficial owner, the information required by Rule 144A(d)(4) under the Act in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144A, subject to Section 4.6 of the Indenture, and (ii) is subject to Section 13 or 15(d15 (d) of the Exchange Act, to make all filings required thereby in a timely manner in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144. Notwithstanding , subject to Section 2.6 of the foregoing, nothing in this Section 9 shall be deemed to require the Issuers to register any of its securities pursuant to the Exchange ActIndenture.

RULE 144A AND RULE 144. Each of the Issuers and each Guarantor agree The Company agrees with each Holder, for so long as any Transfer Restricted Securities remain outstanding and during any period in which such Issuers or such Guarantor the Company (i) is not subject to Section 13 or 15(d) of the Exchange Act, to make available, upon request of any Holder, to such Holder or beneficial owner of Transfer Restricted Securities in connection with any sale thereof and any prospective purchaser of such Transfer Restricted Securities designated by such Holder or beneficial owner, the information required by Rule 144A(d)(4) under the Act in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144A, and (ii) is subject to Section 13 or 15(d) of the Exchange Act, to make all filings required thereby in a timely manner in order to permit resales of such Transfer Restricted Securities pursuant to Rule 144. Notwithstanding the foregoing, nothing in this Section 9 shall be deemed to require the Issuers Company to register any of its securities pursuant to the Exchange Act.