Common use of MARKET MAKING Clause in Contracts

MARKET MAKING. The Company hereby agrees after the consummation of an Exchange Offer or the effectiveness of a Shelf Registration Statement and for so long as the 13% Notes are outstanding, if, in the judgment of MS&Co., it or any of its affiliates (as such term is defined in the rules and regulations under the ▇▇▇▇ ▇▇▇) is required to deliver a prospectus in connection with sales of, or market-making activities with respect to, such securities, (A) to periodically amend the applicable registration statement so that the information contained therein complies with the requirements of ▇▇▇▇▇▇▇ ▇▇(▇) ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇, (▇) within 45 days following the end of the Company's most recent fiscal quarter, other than the last fiscal quarter of any fiscal year, to file a supplement to the prospectus included in the applicable registration statement which sets forth the financial results of the Company for the previous quarter, (C) within 90 days following the end of the Company's most recent fiscal year, to file an amendment to the applicable registration statement which sets forth the financial results of the Company for the previous year, (D) to amend the applicable registration statement or supplement, the related prospectus or the documents incorporated therein when necessary to reflect any material changes in the information provided therein so that the registration statement and the prospectus will not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements therein, in light of the circumstances existing as of the date the prospectus is so delivered, not misleading and (E) to provide MS&Co. with copies of each such amendment or supplement as MS&Co. may request.