Common use of Prospectus Revisions -- Periodic Financial Information Clause in Contracts

Prospectus Revisions -- Periodic Financial Information. On or prior to ------------------------------------------------------ the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall furnish such information to the Agents, confirmed in writing, and shall cause the Prospectus to be amended or supplemented to include or incorporate by reference capsule financial information with respect thereto and corresponding information for the comparable period of the preceding fiscal year, as well as such other information and explanations as shall be necessary for an understanding thereof or as shall be required by the 1933 Act or the 1933 Act Regulations; provided, however, that if on the date of such release the Agents shall have suspended solicitation of offers to purchase Notes in each Agent's capacity as agent pursuant to a request from the Company, and shall not then hold any Notes as principal purchased pursuant to a Terms Agreement, the Company shall not be obligated so to amend or supplement the Prospectus until such time as the Company shall determine that solicitation of offers to purchase Notes should be resumed or shall subsequently enter into a Terms Agreement with an Agent.

Appears in 3 contracts

Samples: Distribution Agreement (Comdisco Inc), Terms Agreement (Comdisco Inc), Terms Agreement (Comdisco Inc)

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Prospectus Revisions -- Periodic Financial Information. On or prior to ------------------------------------------------------ the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, and prior to the filing of the Forms 10-Q or 10-K with respect to such quarters or fiscal years, the Company shall furnish such information to the Agents, confirmed in writing, and shall cause the Prospectus to be amended or supplemented to include or incorporate by reference capsule financial information with respect thereto to the results of operations of the Company for the period between the end of the preceding fiscal year and the end of such quarter or for such fiscal year, as the case may be, and corresponding information for the comparable period of the preceding fiscal year, as well as such other information and explanations as shall be necessary for an understanding thereof of such amounts or as shall be required by the 1933 Act or the 1933 Act Regulations; provided, however, that if on the date of such release the Agents shall have suspended solicitation of offers to purchase purchases of the Notes in each Agent's their capacity as agent pursuant to a request from the Company, and the Agents shall not then hold any Notes as principal purchased pursuant to a Terms Agreementprincipal, the Company shall not be obligated so to amend or supplement the Prospectus until such time as the Company shall determine that solicitation of offers to purchase purchases of the Notes should be resumed or shall subsequently enter into a new Terms Agreement with an Agent, and provided further that this covenant shall not obligate the Company to incorporate financial information or discussion other than that contained in its regular earnings press release with respect to such quarter or year.

Appears in 1 contract

Samples: Terms Agreement (Bank of New York Co Inc)

Prospectus Revisions -- Periodic Financial Information. On or prior to ------------------------------------------------------ the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, and prior to the filing of the Forms 10-Q or 10-K with respect to such quarters or fiscal years, the Company shall furnish such information to the AgentsPurchasing Agent, confirmed in writing, and shall cause the Prospectus to be amended or supplemented to include or incorporate by reference capsule financial information with respect thereto to the results of operations of the Company for the period between the end of the preceding fiscal year and the end of such quarter or for such fiscal year, as the case may be, and corresponding information for the comparable period of the preceding fiscal year, as well as such other information and explanations as shall be necessary for an understanding thereof of such amounts or as shall be required by the 1933 Act or the 1933 Act Regulations; provided, however, that if on the date of such release the Agents Purchasing Agent shall have suspended solicitation of offers to purchase purchases of the Notes in each Agent's its capacity as agent pursuant to a request from the Company, and the Purchasing Agent shall not then hold any Notes as principal purchased pursuant to a Terms Agreementprincipal, the Company shall not be obligated so to amend or supplement the Prospectus until such time as the Company shall determine that solicitation of offers to purchase purchases of the Notes should be resumed or shall subsequently enter into a new Terms Agreement with an the Purchasing Agent, and provided further that this covenant shall not obligate the Company to incorporate financial information or discussion other than that contained in its regular earnings press release with respect to such quarter or year.

Appears in 1 contract

Samples: Distribution Agreement (Bank of New York Co Inc)

Prospectus Revisions -- Periodic Financial Information. On or prior to ------------------------------------------------------ the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, and prior to the filing of the Forms 10-Q or 10-K with respect to such quarters or fiscal years, the Company shall furnish such information to the Agents, confirmed in writing, and shall cause the Prospectus to be amended or supplemented to include or incorporate by reference capsule financial information with respect thereto to the results of operations of the Company for the period between the end of the preceding fiscal year and the end of such quarter or for such fiscal year, as the case may be, and corresponding information for the comparable period of the preceding fiscal year, as well as such other information and explanations as shall be necessary for an understanding thereof of such amounts or as shall be required by the 1933 Act or the 1933 Act Regulations; provided, however, that if on the date of such release the Agents shall have suspended solicitation of offers to purchase purchases of the Notes in each Agent's their capacity as agent pursuant to a request from the Company, and the Agents shall not then hold any Notes as principal purchased pursuant to a Terms Agreementprincipal, the Company shall not be obligated so to amend or supplement the Prospectus until such time as the Company shall determine that solicitation of offers to purchase purchases of the Notes should be resumed or shall subsequently enter into a new Terms Agreement with an Agent, and provided further that this covenant shall not obligate the Company to incorporate financial information or discussion other than that contained in its regular earnings press release with respect to such quarter or year.

Appears in 1 contract

Samples: Terms Agreement (Bank of New York Co Inc)

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Prospectus Revisions -- Periodic Financial Information. On or prior to ------------------------------------------------------ the date on which there shall be released to the general public interim financial statement information related to the Company with respect to each of the first three quarters of any fiscal year or preliminary financial statement information with respect to any fiscal year, the Company shall furnish such information to the Agents, confirmed in writing, and shall cause the Prospectus to be amended or supplemented to include or incorporate by reference capsule financial information with respect thereto and corresponding information for the comparable period of the preceding fiscal year, as well as such other information and explanations as shall be necessary for an understanding thereof or as shall be required by the 1933 Act or the 1933 Act Regulations; provided, however, that if on the date of such release the Agents shall have suspended solicitation of offers to purchase Notes in each Agent's capacity as agent pursuant to a request from the Company, and shall not then hold any Notes as principal purchased pursuant to a Terms Agreement, the Company shall not be obligated so to amend or supplement the Prospectus until such time as the Company shall determine that solicitation of offers to purchase Notes should be resumed or shall subsequently enter into a Terms Agreement with an Agent.

Appears in 1 contract

Samples: Distribution Agreement (Comdisco Inc)

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