Common use of Reports Under Securities Exchange Act of 1934 Clause in Contracts

Reports Under Securities Exchange Act of 1934. With a view to making available to the Holders the benefits of Rule 144 and any other rule or regulation of the SEC that may at any time permit the Holders to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in Rule 144, at all times so long as the Company remains subject to the periodic reporting requirements under Sections 13 or 15(d) of the Exchange Act; (b) take such action, including the voluntary registration of its Common Stock under Section 12 of the Exchange Act, as is necessary to enable the Holders to use Form S-3 for the sale of its Eligible Securities; (c) file with the SEC in a timely manner all reports and other documents as may be required of the Company under the Securities Act and the Exchange Act; and (d) furnish to each Holder, so long as such Holder owns any Eligible Securities, forthwith upon request (i) a written statement by the Company that it has complied with the reporting requirements of Rule 144, the Securities Act and the Exchange Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies), (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so filed by the Company, and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.10

Reports Under Securities Exchange Act of 1934. With a view to making available to the Holders Investors the benefits of Rule 144 promulgated under the Securities Act and any other rule or regulation of the SEC that may at any time permit the Holders an Investor to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in SEC Rule 144, at all times for so long as the Company remains subject to the periodic reporting requirements under Sections 13 or 15(d) of the Exchange Act; (b) take such action, including the voluntary registration of its Common Stock under Section 12 of the Exchange Act, as is necessary to enable the Holders Investors to use Form S-3 for the sale of its Eligible their Registrable Securities; (c) file with the SEC in a timely manner all reports and other documents as may be required of the Company under the Securities Act and the Exchange Act; and (d) furnish to each Holderany Investor, so long as such Holder the Investor owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company that whether it has complied with the reporting requirements of SEC Rule 144, the Securities Act and the Exchange Act (at any time after it has become subject to such reporting requirements)Act, or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies), (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so filed by the Company, and (iii) such other information as may be reasonably requested in availing any Holder Investor of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.10.

Reports Under Securities Exchange Act of 1934. With a view to making available to the Holders the benefits of Rule 144 and any other rule or regulation of the SEC that may at any time permit the Holders a Holder to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in Rule 144, at all times so long as the Company remains subject to the periodic reporting requirements under Sections 13 or 15(d) of the Exchange Act; (b) take such action, including the voluntary registration of its Common Stock under Section 12 of the Exchange Act, as is necessary to enable the Holders to use utilize Form S-3 for the sale of its Eligible their Registrable Securities; (c) file with the SEC in a timely manner all reports and other documents as may be required of the Company under the Securities Act and the Exchange Act; and (d) furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company that it has complied with the reporting requirements of Rule 144, the Securities Exchange Act and the Exchange Act (at any time after it has become subject to such reporting requirements)rules and regulations promulgated thereunder, or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies)S-3, (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so filed by the Company, and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.101.7

Reports Under Securities Exchange Act of 1934. With a view to of making --------------------------------------------- available to the Holders the benefits of SEC Rule 144 promulgated under the 1933 Act and any other rule or regulation of the SEC that may at any time permit the Holders a Holder to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3registration, the Company agrees to: (a) use its best efforts to make and keep public information available, as those terms are understood and defined in SEC Rule 144, at all times so long as after 90 days after the effective date of the registration statement filed by the Company remains subject in connection with its Initial Public Offering; use its best efforts to the periodic reporting requirements under Sections 13 or 15(d) of the Exchange Act; (b) take such action, including the voluntary registration of its Common Stock under Section 12 of the Exchange Act, as is necessary to enable the Holders to use Form S-3 for the sale of its Eligible Securities; (c) file with the SEC in a timely manner all reports and other documents as may be required of the Company under the Securities 1933 Act and the Exchange 1934 Act; and (d) furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request request: (i) a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144144 (at any time after 90 days after the effective date of the registration statement filed by the Company in connection with its Initial Public Offering), the Securities 1933 Act and the Exchange 1934 Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies), ; (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so filed by the Company, ; and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC or any state securities authorities which permits the selling of any such securities without registration or pursuant to such form. 2.10.

Reports Under Securities Exchange Act of 1934. With a view to making available to the Holders the benefits of Rule 144 and any other rule or regulation of the SEC that may at any time permit the Holders to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in Rule 144, at all times so long as the The Company remains subject shall cause its Common Stock to the periodic reporting requirements continue to be registered under Sections 13 12(b) or 15(d12(g) of the Exchange 1934 Act; , shall comply in all respects with its reporting and filing obligations under the 1934 Act, and shall not take any action or file any document (bwhether or not permitted by the 1934 Act or the rules thereunder) to terminate or suspend such registration or to terminate or suspend its reporting and filing obligations under the 1934 Act. The Company shall take such action, including all action necessary to continue the voluntary registration listing or trading of its Common Stock under Section 12 on any national securities exchange or the Automated Quotation System of the Exchange ActNational Association of Securities Dealers on which Common Stock is listed or traded, as is necessary to enable the Holders to use Form S-3 for the sale of and shall comply in all material respects with its Eligible Securities; (c) file with the SEC in a timely manner all reports reporting, filing and other documents as may be required of the Company obligations under the Securities Act and the Exchange Act; and (d) bylaws or rules of such exchange or association. The Company will furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144, the Securities Act and the Exchange 1934 Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies)under the Act, (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so as are filed by the CompanyCompany under the 1934 Act, and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.10.

Reports Under Securities Exchange Act of 1934. With a view The Company shall cause its Common Stock to making available continue to the Holders the benefits of Rule 144 and any other rule or regulation of the SEC that may at any time permit the Holders to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in Rule 144, at all times so long as the Company remains subject to the periodic reporting requirements be registered under Sections 13 12(b) or 15(d12(g) of the Exchange 1934 Act; , shall comply in all respects with its reporting and filing obligations under the 1934 Act, and shall not take any action or file any document (bwhether or not permitted by the 1934 Act or the rules thereunder) to terminate or suspend such registration or to terminate or suspend its reporting and filing obligations under the 1934 Act. The Company shall take such action, including all reasonable actions necessary to continue the voluntary registration listing or trading of its Common Stock under Section 12 on any national securities exchange or the Automated Quotation System of the Exchange ActNational Association of Securities Dealers on which Common Stock is listed or traded, as is necessary to enable the Holders to use Form S-3 for the sale of and shall comply in all material respects with its Eligible Securities; (c) file with the SEC in a timely manner all reports reporting, filing and other documents as may be required of the Company obligations under the Securities Act and the Exchange Act; and (d) bylaws or rules of such exchange or association. The Company will furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144, the Securities Act and the Exchange 1934 Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies)under the Act, (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so as are filed by the CompanyCompany under the 1934 Act, and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.10.

Reports Under Securities Exchange Act of 1934. With a view The Company shall cause its Common Stock to making available continue to the Holders the benefits of Rule 144 and any other rule or regulation of the SEC that may at any time permit the Holders to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in Rule 144, at all times so long as the Company remains subject to the periodic reporting requirements be registered under Sections 13 12(b) or 15(d12(g) of the Exchange 1934 Act; , shall comply in all respects with its reporting and filing obligations under the 1934 Act, and shall not take any action or file any document (bwhether or not permitted by the 1934 Act or the rules thereunder) to terminate or suspend such registration or to terminate or suspend its reporting and filing obligations under the 1934 Act. The Company shall take such action, including all action necessary to continue the voluntary registration listing or trading of its Common Stock under Section 12 on any national securities exchange or the Automated Quotation System of the Exchange ActNational Association of Securities Dealers on which Common Stock is listed or traded, as is necessary to enable the Holders to use Form S-3 for the sale of and shall comply in all respects with its Eligible Securities; (c) file with the SEC in a timely manner all reports reporting, filing and other documents as may be required of the Company obligations under the Securities Act and the Exchange Act; and (d) bylaws or rules of such exchange or association. The Company will furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144, the Securities Act and the Exchange 1934 Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies)under the Act, (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so as are filed by the CompanyCompany under the 1934 Act, and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.10.

Reports Under Securities Exchange Act of 1934. With a view to making available to the Holders the benefits of Rule 144 promulgated under the Act and any other rule or regulation of the SEC that may at any time permit the Holders a Holder to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, if applicable, the Company agrees to use its best lawful efforts to: (a) make a. Make and keep public information available, as those terms are understood and defined in SEC Rule 144, at all times so long as the Company remains subject to the periodic reporting requirements under Sections 13 or 15(d) of the Exchange Acttimes; (b) take b. Take such action, including the voluntary registration of its Common Stock under Section 12 of the Exchange 1934 Act, as is necessary to enable the Holders to use Form S-3 for the sale of its Eligible Securitiestrade their Registrable Securities on a public market; (c) c. When and if applicable, file with the SEC in a timely manner all reports and other documents as may be required of the Company under the Securities Act and the Exchange 1934 Act; d. Use its best efforts to list all Common Stock covered by such registration statement on such securities exchange on which any of the Common Stock is then listed, or, if the Company's Common Stock is not then quoted on NASDAQ or listed on any national securities exchange, use its best efforts to have such Common Stock covered by such registration statement quoted on NASDAQ or, at the option of the Company, listed on a national securities exchange; and (d) furnish e. Furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company Company, if true, that it has complied with the reporting requirements of SEC Rule 144, the Securities Act and the Exchange 1934 Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies), (ii) a copy of the most recent annual or quarterly report of the Company and such other SEC reports and documents so filed by the Company, and (iii) such other information (but not any opinion of counsel) as may be reasonably requested in availing by any Holder seeking to avail himself of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.10.

Reports Under Securities Exchange Act of 1934. With a view The Company shall --------------------------------------------- cause its Common Stock to making available continue to the Holders the benefits of Rule 144 and any other rule or regulation of the SEC that may at any time permit the Holders to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in Rule 144, at all times so long as the Company remains subject to the periodic reporting requirements be registered under Sections 13 12(b) or 15(d12(g) of the Exchange 1934 Act; , shall comply in all respects with its reporting and filing obligations under the 1934 Act, and shall not take any action or file any document (bwhether or not permitted by the 1934 Act or the rules thereunder) to terminate or suspend such registration or to terminate or suspend its reporting and filing obligations under the 1934 Act. The Company shall take such action, including all reasonable actions necessary to continue the voluntary registration listing or trading of its Common Stock under Section 12 on any national securities exchange or the Automated Quotation System of the Exchange ActNational Association of Securities Dealers on which Common Stock is listed or traded, as is necessary to enable the Holders to use Form S-3 for the sale of and shall comply in all material respects with its Eligible Securities; (c) file with the SEC in a timely manner all reports reporting, filing and other documents as may be required of the Company obligations under the Securities Act and the Exchange Act; and (d) bylaws or rules of such exchange or association. The Company will furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144, the Securities Act and the Exchange 1934 Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies)under the Act, (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so as are filed by the CompanyCompany under the 1934 Act, and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.10.

Reports Under Securities Exchange Act of 1934. With a view to --------------------------------------------- making available to the Holders the benefits of Rule 144 promulgated under the Act and any other rule or regulation of the SEC that may at any time permit the Holders a Holder to sell securities of the Company to the public without registration or pursuant to a registration on Form S-3, the Company agrees to: (a) make and keep public information available, as those terms are understood and defined in SEC Rule 144, at all times so long as after the effective date of the first registration statement filed by the Company remains subject for the offering of its securities to the periodic reporting requirements under Sections 13 or 15(d) of the Exchange Actgeneral public; (b) take such action, including the voluntary registration of its Common Stock under Section 12 of the Exchange 1934 Act, as is necessary to enable the Holders to use utilize Form S-3 for the sale of their Registrable Securities, such action to be taken as soon as practicable after the end of the fiscal year in which the first registration statement filed by the Company for the offering of its Eligible Securitiessecurities to the general public is declared effective; 9 <PAGE> (c) file with the SEC in a timely manner all reports and other documents as may be required of the Company under the Securities Act and the Exchange 1934 Act; and (d) furnish to each any Holder, so long as such the Holder owns any Eligible Registrable Securities, forthwith upon request (i) a written statement by the Company that it has complied with the reporting requirements of SEC Rule 144144 (at any time after the effective date of the first registration statement filed by the Company), the Securities Act and the Exchange 1934 Act (at any time after it has become subject to such reporting requirements), or that it qualifies as a registrant whose securities may be resold pursuant to Form S-3 (at any time after it so qualifies), (ii) a copy of the most recent annual or quarterly report of the Company and such other reports and documents so filed by the Company, Company and (iii) such other information as may be reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without registration or pursuant to such form. 2.101.12