Common use of Information Statement Clause in Contracts

Information Statement. As soon as practicable after the date of this Agreement, the Company will prepare and file with the SEC, and the Parent and the Purchaser shall cooperate with the Company in such preparation and filing, a preliminary information statement relating to the Charter Amendment and use its reasonable best efforts to furnish the information required to be included by the SEC in the Information Statement and, after consultation with the Parent, to respond promptly to any comments made by the SEC with respect to the preliminary information statement and shall use its reasonable best efforts to cause a definitive information statement (the "Information Statement") to be mailed to the Company's stockholders as soon as practicable. The Company will notify the Parent and the Purchaser of the receipt of any comments from the SEC or its staff and of any request by the SEC or its staff for amendments or supplements to the preliminary information statement and the Information Statement or for additional information and will supply the Parent and the Purchaser with copies of all correspondence between the Company or any of its representatives, on the one hand, and the SEC or its staff, on the other hand, with respect to the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur any event that is required to be set forth in an amendment or supplement to the Information Statement, the Company will prepare and mail to its stockholders such an amendment or supplement.

Information Statement. As soon promptly as practicable after the date execution of this Agreement, Stream, in cooperation with the Company will Company, shall prepare and file with the SEC, and the Parent and the Purchaser shall cooperate with the Company in such preparation and filing, a preliminary information statement SEC an Information Statement relating to the Charter Amendment Voting Proposals pursuant to Regulation 14C under the Exchange Act (the “Information Statement”), which such Information Statement will include all notices and use its reasonable best efforts to furnish the information required to be included by Section 228 of the SEC Delaware General Corporation Law. The Company shall provide all necessary information for inclusion in the Information Statement and, after consultation with on a timely basis and shall cooperate in the Parent, to preparation of the Information Statement. Stream shall respond promptly to any comments made by of the SEC with respect to the preliminary information statement and shall use its commercially reasonable best efforts to have the Information Statement cleared for mailing as promptly as practicable after such filings and Stream shall cause a definitive information statement (the "Information Statement") Statement to be mailed to its stockholders at the Company's stockholders as soon as practicableearliest practicable time after the Information Statement is cleared for mailing by the SEC. The Company will Stream shall notify the Parent and the Purchaser of Company promptly upon the receipt of any comments from the SEC or its staff or any other government officials and of any request by the SEC or its staff or any other government officials for amendments or supplements to the preliminary information statement and the Information Statement Statement, or for additional information and will shall supply the Parent and the Purchaser other with copies of all correspondence between the Company such party or any of its representatives, on the one hand, and the SEC or its staff, on the other hand, with respect to the preliminary information statement and the Information Statement or the MergerStatement. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur Whenever any event that occurs which is required to be set forth in an amendment or supplement to the Information Statement, Stream or the Company will prepare Company, as the case may be, shall promptly inform the other of such occurrence and mail cooperate in filing with the SEC or its staff, and/or mailing to its stockholders of Stream, such an amendment or supplement. The Company shall, as soon as practicable, furnish to Stream such information relative to the Company and its Affiliates, including consolidated financial statements, as is required to be included in the Information Statement pursuant to the rules and regulations of the SEC. In connection with the foregoing, Stream shall give the Company and its counsel the opportunity to review and comment on the Information Statement prior to it being filed with the SEC and shall give the Company and its counsel the opportunity to review and comment on all amendments or supplements to the Information Statement, and all responses to requests for additional information and replies to comments from the SEC prior to their being filed with, or sent to, the SEC.

Information Statement. As soon as practicable after the date of this Agreement, the Company will prepare and file with the SEC, and the Parent and the Purchaser shall cooperate ▇▇▇▇▇▇- ate with the Company in such preparation and filing, a preliminary prelimi- nary information statement relating to the Charter Amendment and use its reasonable best efforts to furnish the information required to be included by the SEC in the Information Statement and, after consultation with the Parent, to respond promptly to any comments made by the SEC with respect to the preliminary information statement and shall use its reasonable best efforts to cause a definitive information statement (the "Information Statement") to be mailed to the Company's stockholders as soon as practicable. The Company will notify the Parent and the Purchaser Purchas- er of the receipt of any comments from the SEC or its staff and of any request by the SEC or its staff for amendments or supplements supple- ments to the preliminary information statement and the Information Informa- tion Statement or for additional information and will supply the Parent and the Purchaser with copies of all correspondence between the Company or any of its representatives, on the one hand, and the SEC or its staff, on the other hand, with respect to the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement state- ment and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur any event that is required to be set forth in an amendment or supplement to the Information Statement, the Company will prepare and mail to its stockholders such an amendment or supplementsupple- ment.

Information Statement. As soon as reasonably practicable after following the date of this Agreement, the Company will prepare and file with the SEC, SEC an information statement to be sent to the Company’s stockholders related to the Merger and this Agreement (the “Information Statement”). Parent and the Purchaser shall Merger Sub will cooperate with the Company in the preparation of the Information Statement. The Company will promptly furnish the preliminary Information Statement and the definitive Information Statement, and any amendments or supplements thereto, to Parent and give Parent and its legal counsel a reasonable opportunity to review and comment on such preparation preliminary Information Statement, or amendment or supplement thereto, prior to filing with the SEC, and filingthe Company will consider in good faith all comments of Parent in connection therewith. Without limiting the generality of the foregoing, a preliminary each of Parent and Merger Sub will furnish to the Company the information statement relating to it required by the Charter Amendment Exchange Act and use its reasonable best efforts to furnish the information required rules and regulations promulgated thereunder to be included by the SEC set forth in the Information Statement and, after consultation with the Parent, Statement. The Company will use its commercially reasonable efforts to respond promptly as soon as reasonably practicable to any SEC comments made by the SEC with respect to the preliminary information statement and shall Information Statement. The Company will use its commercially reasonable best efforts to cause a the definitive information statement (the "Information Statement") Statement to be mailed to the Company's stockholders of the Company as soon promptly as practicablepracticable after the Information Statement has been cleared by the SEC or after 10 calendar days have passed since the date of filing of the preliminary Information Statement with the SEC without notice from the SEC of its intent to review the Information Statement. Each of Parent, Merger Sub and the Company agree to correct any information provided by it for use in the Information Statement which will have become false or misleading. The Company will as soon as reasonably practicable notify the Parent and the Purchaser Merger Sub of the receipt of any comments from the SEC or its staff with respect to the Information Statement and of any request by the SEC for any amendment or its staff for amendments or supplements supplement to the preliminary information statement and the Information Statement or for additional information and will supply the provide Parent and the Purchaser with copies of all correspondence between the Company or any of and its representatives, on the one hand, and the SEC or its staffSEC, on the other hand, with respect to the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the will be given a reasonable opportunity to review participate in the preliminary information statement response to any SEC comments and the Information Statement prior to its being filed provide comments on any response (to which reasonable and good faith consideration will be given), including by participating in any discussions or meetings with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur any event that is required to be set forth in an amendment or supplement to the Information Statement, the Company will prepare and mail to its stockholders such an amendment or supplement.

Information Statement. As soon as practicable Promptly after the date execution of this Agreement, the Company will shall prepare the Information Statement and shall file the same with the SECCommission as soon as reasonably practicable, but in no event later than ten (10) Business Days after the Closing Date. The Information Statement shall constitute an information circular informing the stockholders of the Company of receipt of the Shareholder Approval. Other than with respect to any information provided by or on behalf of any Investor, the Company will cause the Information Statement to comply as to form in all material respects with the applicable provisions of the Securities Act and the Parent Exchange Act and the Purchaser rules and regulations thereunder. The Company shall use commercially reasonable efforts to cause the Information Statement to be cleared by the Commission as promptly as practicable after its filing with the Commission. The Company will advise the Investors promptly after it receives oral or written notice of any request by the Commission for amendment to the Information Statement or comments thereon and responses thereto or requests by the Commission for additional information and will promptly provide each of the Investors with copies of any written communication from the Commission or any state securities commission. The Company shall use commercially reasonable efforts, after consultation with the Investors, to resolve all such requests or comments with respect to the Information Statement as promptly as practicable after receipt thereof. Each Investor shall cooperate with the Company in such the preparation and filing, a preliminary information statement relating to the Charter Amendment and use its reasonable best efforts to furnish the information required to be included by the SEC in the Information Statement and, after consultation with the Parent, to respond promptly to any comments made by the SEC with respect to the preliminary information statement and shall use its reasonable best efforts to cause a definitive information statement (the "Information Statement") to be mailed to the Company's stockholders as soon as practicable. The Company will notify the Parent and the Purchaser of the receipt of any comments from the SEC or its staff and of any request by the SEC or its staff for amendments or supplements to the preliminary information statement and the Information Statement or for additional information and will supply the Parent and the Purchaser with copies of all correspondence between the Company or any of its representatives, on the one hand, and the SEC or its staff, on the other hand, with respect to the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional such Investor shall, upon request, furnish the Company with such information concerning it and replies to comments prior to their being filed withits Affiliates, if any, as the Company may reasonably determine is required in connection with the preparation of the Information Statement. No filing of, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur any event that is required to be set forth in an amendment or supplement to the Information Statement, Statement will be made by the Company will prepare without consulting with the Investors and mail without providing each Investor the opportunity to its review and comment thereon. The Company shall cause the Information Statement to be mailed (or otherwise electronically provided) to the stockholders of the Company as promptly as practicable (but in any event within three (3) Business Days) after it is permitted under the Exchange Act. The Company shall, promptly upon becoming aware of any information that would cause (i) any of the statements in the Information Statement to be false or misleading with respect to any material fact or (ii) the Information Statement to omit to state any material fact necessary to make the statements therein not false or misleading, inform each Investor and, upon consultation with such an amendment Investor, take necessary steps to correct the Information Statement. Each Investor shall, promptly upon becoming aware of any information furnished by it pursuant to the forth immediately preceding sentence that would cause (x) any of the statements in the Information Statement to be false or supplementmisleading with respect to any material fact or (y) the Information Statement to omit to state any material fact necessary to make the statements therein not false or misleading, inform the Company.

Information Statement. As soon as practicable (and in any event within fifteen (15) Business Days) after the date execution of this Agreement, the Company will prepare and file with the SECshall distribute, and the Parent and the Purchaser shall cooperate with the Company in such preparation and filing, a preliminary information statement relating by upload to the Charter Amendment and use its reasonable best efforts to furnish secure website maintained for the information required to be included by the SEC in the Information Statement and, after consultation with the Parentbenefit of holders of Units, to respond promptly to any comments made by the SEC with respect to the preliminary its Members, as appropriate, an information statement and shall use its reasonable best efforts other appropriate documents (including a copy of this Agreement) which contain, subject to cause a definitive Section 4.2, the Company Recommendation (such information statement (the "Information Statement") to be mailed to the Company's stockholders as soon as practicable. The Company will notify the Parent and the Purchaser of the receipt of other documents, including any comments from the SEC or its staff and of any request by the SEC or its staff for amendments or supplements thereto, in each case in the form or forms mailed or delivered to the preliminary information statement and Members, collectively, the “Information Statement”) if required in connection with obtaining Member Proxies representing the Company Requisite Approval, which Information Statement shall comply with applicable Laws. If the Company distributes the Information Statement or for additional information and will supply the Parent and the Purchaser with copies of all correspondence between the Company or any of its representativesStatement, on the one hand, and the SEC or its staff, on the other hand, with respect to the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur whenever any event that occurs which is required to be set forth in an amendment or supplement to the Information Statement, the Company or Parent, as the case may be, will prepare promptly inform the other of such occurrence and mail cooperate in preparing and distributing to its stockholders the Members such an amendment or supplementsupplement (to the extent necessary or appropriate, in the good faith judgment of the Company). Each of Parent and Merger Sub shall use its reasonable best efforts to cooperate with the Company in connection with the preparation and distribution of the Information Statement, including furnishing as promptly as reasonably practicable to the Company any and all information relating to it as the Company may reasonably request. The Company shall deliver to the Members a notice of the Record Date for acting by written consent and any other notices in connection with the Intermediate Merger and the Merger as required by the Operating Agreement. Parent agrees that on the Record Date, it will, pursuant to the Member Proxies, consent in writing to approve this Agreement and the transactions contemplated hereby.

Information Statement. (a) As soon promptly as practicable after the execution of this Agreement (but in no event later than 13 days following the date of this Agreement), the Company will Seller shall prepare and file with the Securities and Exchange Commission ("SEC, and ") (with a copy to the Parent and the Purchaser shall cooperate with the Company in such preparation and filing, a preliminary Purchaser) an information statement relating to the Charter Amendment Stockholder Approval (together with any amendments thereof or supplements thereto, the "Information Statement"). The Seller shall cause the Information Statement to comply in all material respects with the applicable provisions of the Exchange Act and the rules and regulations thereunder. The Information Statement shall constitute a "filing" pursuant to Section 4.7 of this Agreement, and the Purchaser shall have the right to review and comment thereon as set forth in such Section. (b) The Seller shall (i) if no comments have been received by the SEC on the Information Statement during the time period prescribed under Regulation 14C, on the eleventh day (or if such day is not a business day, the next succeeding business day) following the date of the Company's filing of the Information Statement with the SEC or (ii) if the SEC has commented on the Information Statement, on the third business day after the Information Statement becomes effective, mail the Information Statement to its stockholders on the date that is no more than two business days following the effectiveness of such Information Statement under Regulation 14C of the Exchange Act. The Seller shall use its reasonable best efforts to furnish promptly notify and provide copies to the information required to be included by the SEC in the Information Statement and, after consultation with the Parent, to respond promptly to Purchaser and its counsel of (x) any comments made by from the SEC with respect to the preliminary information statement Information Statement and shall use its reasonable best efforts to cause a definitive information statement (the "Information Statement"y) to be mailed to the Company's stockholders as soon as practicable. The Company will notify the Parent and the Purchaser of the receipt of any comments from the SEC or its staff and of any request by the SEC or its staff for amendments or supplements any amendment to the preliminary information statement and the Information Statement or for additional information and will supply information. If the Parent and the Purchaser with copies of all correspondence between the Company Seller receives comments or any of its representatives, on the one hand, and a request from the SEC or its staff, on the other hand, with respect to the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur any event that is required to be set forth in an amendment or supplement to the Information Statement, the Company will prepare Seller shall use its best efforts to respond to such comments and mail to its stockholders such an amendment or supplementinformation requests and have the Information Statement declared effective as soon as possible by the SEC.

Information Statement. As soon as reasonably practicable after following the date of this Agreement but in no event later than three (3) Business Days following the date of this Agreement, the Company will shall, with the assistance of the Parent Group, prepare and file with the SECSEC an information statement of the type contemplated by Rule 14c-2 promulgated under the Exchange Act related to the Merger and this Agreement (such information statement, including any amendment or supplement thereto, the “Information Statement”). The Parent Group, Merger Sub and the Company will cooperate with each other in the preparation of the Information Statement. Without limiting the generality of the foregoing, each of the Parent Group and Merger Sub will furnish to the Company the information relating to it required by the Exchange Act and the Purchaser shall cooperate with the Company in such preparation rules and filing, a preliminary information statement relating to the Charter Amendment and use its reasonable best efforts to furnish the information required regulations promulgated thereunder to be included by the SEC set forth in the Information Statement and, after consultation with the Parent, to respond promptly to any comments made by the SEC with respect to the preliminary information statement and Statement. The Company shall use its reasonable best efforts to cause a definitive information statement (the "Information Statement") to be mailed resolve all SEC comments with respect to the Company's stockholders Information Statement as promptly as reasonably practicable after receipt thereof and to have the Information Statement cleared by the staff of the SEC as promptly as reasonably practicable after such filing. Each of the Parent Group, Merger Sub and the Company agrees to correct any information provided by it for use in the Information Statement which shall have become false or misleading. The Company shall as soon as practicable. The Company will reasonably practicable notify the Parent Group and the Purchaser Merger Sub of the receipt of any comments from the SEC or its staff with respect to Information Statement and of any request by the SEC or its staff for amendments or supplements any amendment to the preliminary information statement and the Information Statement or for additional information and will supply shall provide the Parent and the Purchaser Group with copies of all correspondence between such comments and correspondence. Prior to filing or mailing the Information Statement (or any amendment or supplement thereto) or responding to any comments of the SEC (or the staff of the SEC) with respect thereto, the Company shall provide the Parent Group a reasonable opportunity to review and to propose comments on such document or any of its representatives, on response and shall consider the one hand, and Parent Group’s comments in good faith. Promptly after the Information Statement has been cleared by the SEC or its staff, on after 10 calendar days have passed since the other hand, with respect to date of filing of the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give without notice from the Parent and the Purchaser and SEC of its counsel the opportunity intent to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur any event that is required to be set forth in an amendment or supplement to the Information Statement, the Company will prepare shall promptly file with the SEC the Information Statement in definitive form as contemplated by Rule 14c-2 promulgated under the Exchange Act substantially in the form previously cleared or filed with the SEC, as the case may be, and mail a copy of the Information Statement to each of its stockholders such an amendment or supplementstockholders.

Information Statement. As soon as reasonably practicable after following the date of this Agreement but in no event later than three (3) Business Days following the date of this Agreement, the Company will shall, with the assistance of the Parent Group, prepare and file with the SECSEC an information statement of the type contemplated by Rule 14c-2 promulgated under the Exchange Act related to the Merger and this Agreement (such information statement, including any amendment or supplement thereto, the "Information Statement"). The Parent Group, Merger Sub and the Company will cooperate with each other in the preparation of the Information Statement. Without limiting the generality of the foregoing, each of the Parent Group and Merger Sub will furnish to the Company the information relating to it required by the Exchange Act and the Purchaser shall cooperate with the Company in such preparation rules and filing, a preliminary information statement relating to the Charter Amendment and use its reasonable best efforts to furnish the information required regulations promulgated thereunder to be included by the SEC set forth in the Information Statement and, after consultation with the Parent, to respond promptly to any comments made by the SEC with respect to the preliminary information statement and Statement. The Company shall use its reasonable best efforts to cause a definitive information statement (the "Information Statement") to be mailed resolve all SEC comments with respect to the Company's stockholders Information Statement as promptly as reasonably practicable after receipt thereof and to have the Information Statement cleared by the staff of the SEC as promptly as reasonably practicable after such filing. Each of the Parent Group, Merger Sub and the Company agrees to correct any information provided by it for use in the Information Statement which shall have become false or misleading. The Company shall as soon as practicable. The Company will reasonably practicable notify the Parent Group and the Purchaser Merger Sub of the receipt of any comments from the SEC or its staff with respect to Information Statement and of any request by the SEC or its staff for amendments or supplements any amendment to the preliminary information statement and the Information Statement or for additional information and will supply shall provide the Parent and the Purchaser Group with copies of all correspondence between such comments and correspondence. Prior to filing or mailing the Information Statement (or any amendment or supplement thereto) or responding to any comments of the SEC (or the staff of the SEC) with respect thereto, the Company shall provide the Parent Group a reasonable opportunity to review and to propose comments on such document or any of its representatives, on response and shall consider the one hand, and Parent Group's comments in good faith. Promptly after the Information Statement has been cleared by the SEC or its staff, on after 10 calendar days have passed since the other hand, with respect to date of filing of the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give without notice from the Parent and the Purchaser and SEC of its counsel the opportunity intent to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If at any time prior to the effectiveness of the Charter Amendment there shall occur any event that is required to be set forth in an amendment or supplement to the Information Statement, the Company will prepare shall promptly file with the SEC the Information Statement in definitive form as contemplated by Rule 14c-2 promulgated under the Exchange Act substantially in the form previously cleared or filed with the SEC, as the case may be, and mail a copy of the Information Statement to each of its stockholders such an amendment or supplementstockholders.

Information Statement. As soon as practicable after the date execution of this Agreement, the Company will prepare and file the LLC shall prepare, with the SECcooperation of the Buyer, the Information Statement for the holders of Shares to approve this Agreement and the transactions contemplated hereby and for the holders of Units to consummate the Exchange. The Information Statement shall constitute a disclosure document for the offer and issuance of the shares of Buyer Ordinary Shares to be received by the holders of Shares and Units. The Buyer, the LLC and the Company shall each use reasonable commercial efforts to cause the Information Statement to comply with applicable Legal Requirements. Each of the Company, the LLC and Buyer agrees to provide promptly to the other such information concerning its business and financial statements and affairs as, in the reasonable judgment of the providing party or its counsel, may be required or appropriate for inclusion in the Information Statement, or in any amendments or supplements thereto, and to cause its counsel and auditors to cooperate with the other's counsel and auditors in the preparation of the Information Statement. The Company and the LLC will promptly advise the Buyer, and the Parent Buyer will promptly advise the Company and the Purchaser shall cooperate with the Company LLC, in such preparation and filing, a preliminary information statement relating to the Charter Amendment and use its reasonable best efforts to furnish the information required to be included by the SEC in the Information Statement and, after consultation with the Parent, to respond promptly to any comments made by the SEC with respect to the preliminary information statement and shall use its reasonable best efforts to cause a definitive information statement (the "Information Statement") to be mailed to the Company's stockholders as soon as practicable. The Company will notify the Parent and the Purchaser of the receipt of any comments from the SEC or its staff and of any request by the SEC or its staff for amendments or supplements to the preliminary information statement and the Information Statement or for additional information and will supply the Parent and the Purchaser with copies of all correspondence between the Company or any of its representatives, on the one hand, and the SEC or its staff, on the other hand, with respect to the preliminary information statement and the Information Statement or the Merger. The Company shall give the Parent and the Purchaser and its counsel the opportunity to review the preliminary information statement and the Information Statement prior to its being filed with the SEC and shall give the Parent and the Purchaser and its counsel the opportunity to review all amendments and supplements to the preliminary information statement and the Information Statement and all responses to requests for additional information and replies to comments prior to their being filed with, or sent to, the SEC. The Company will cause the Certificate of Amendment to be filed with Secretary of State of Delaware the next business day after all applicable time periods for taking such actions have expired. If writing if at any time prior to the effectiveness Effective Time either shall obtain knowledge of any facts that might make it necessary or appropriate to amend or supplement the Information Statement in order to make the statements contained or incorporated by reference therein not misleading or to comply with applicable law. The Information Statement shall contain the recommendation of the Charter Amendment there shall occur any event Company's and the LLC's Board of Directors and Board of Managers that is required to be set forth in an amendment or supplement the holders of Shares approve the Merger and this Agreement and the conclusion of the Company's and LLC's Board of Directors and Board of Managers that the terms and conditions of the Merger and Exchange are advisable and fair and reasonable to the holders of Shares and Units. The Company and the LLC shall not include in the Information StatementStatement any information with respect to the Buyer or its affiliates or associates, the Company will prepare form and mail content of which information shall not have been approved by the Buyer prior to its stockholders such an amendment or supplementinclusion.