Common use of Rule 144A Information Clause in Contracts

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 24 contracts

Samples: Purchase Agreement (Iconix Brand Group, Inc.), Purchase Agreement (NPC International Inc), Purchase Agreement (Iconix Brand Group, Inc.)

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Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 18 contracts

Samples: Purchase Agreement (St Mary Land & Exploration Co), Purchase Agreement (Greater Bay Bancorp), Purchase Agreement (Anixter International Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act144A, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 16 contracts

Samples: Purchase Agreement (Kaman Corp), Purchase Agreement (Par Pacific Holdings, Inc.), Purchase Agreement (Osi Systems Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 ActAct (such information, whether made available to holders or prospective purchasers or furnished to the Commission, is herein referred to as "Additional Information").

Appears in 16 contracts

Samples: Purchase Agreement, Purchase Agreement (Rhythms Net Connections Inc), Purchase Agreement (Fisher Scientific International Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act144A, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 3 contracts

Samples: Purchase Agreement (SYNAPTICS Inc), Purchase Agreement (Oil States International, Inc), Purchase Agreement (FXCM Inc.)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it the Company will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.. (iii)

Appears in 2 contracts

Samples: Purchase Agreement (Pepco Holdings Inc), Pepco Holdings Inc

Rule 144A Information. The Company agrees Issuers agree that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it they will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes Issuers furnish information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 2 contracts

Samples: Registration Rights Agreement (Bear Island Finance Co Ii), Registration Rights Agreement (Bear Island Finance Co Ii)

Rule 144A Information. The Company agrees and the Guarantor agree that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it they will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 2 contracts

Samples: Viacom International Inc /De/, Viacom International Inc /De/

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act144A, while any of the offered Securities remain outstanding“restricted securities” (as such term is defined under Rule 144(a)(3)), it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 2 contracts

Samples: Purchase Agreement (Monster Worldwide, Inc.), Purchase Agreement (Pra Group Inc)

Rule 144A Information. The Company agrees that, in order --------------------- to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 ActAct (such information, whether made available to holders or prospective purchasers or furnished to the Commission, is herein referred to as "Additional Information").

Appears in 2 contracts

Samples: Purchase Agreement (Cross Timbers Oil Co), Purchase Agreement (California Steel Industries Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities and Common Shares issuable upon the conversion thereof eligible for resale pursuant to Rule 144A under the 1933 Securities Act, while any of the offered Securities remain outstanding, it the Company will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 2 contracts

Samples: Purchase Agreement (RAIT Financial Trust), Purchase Agreement (Luminent Mortgage Capital Inc)

Rule 144A Information. The Company Each of the Issuers agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes Issuers furnish information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 2 contracts

Samples: Purchase Agreement (Atlantic Broadband Management, LLC), Purchase Agreement (Language Line Costa Rica, LLC)

Rule 144A Information. The Company agrees that, in order to render the offered Original Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Original Securities remain outstanding, it the Company will make available, upon request, to any holder of offered Original Securities or prospective purchasers of Original Securities the information specified in Rule 144A(d)(4), unless the Company furnishes such information is furnished to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 2 contracts

Samples: Purchase Agreement (Interpool Inc), Purchase Agreement (Interpool Inc)

Rule 144A Information. The Company Each Issuer agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company such Issuer furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 2 contracts

Samples: Purchase Agreement (America West Holdings Corp), Freeport McMoran Copper & Gold Inc

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will to make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Einstein Noah Bagel Corp

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it the Company will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission SEC pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 1 contract

Samples: Purchase Agreement (EPL Intermediate, Inc.)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 ActAct (such information, whether made available to holders or prospective purchasers or furnished to the Commission, is herein referred to as "ADDITIONAL INFORMATION").

Appears in 1 contract

Samples: Purchase Agreement (Convergent Communications Inc /Co)

Rule 144A Information. The Company agrees and the Parent agree that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it they will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes such information is furnished to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Alliant Energy Corp)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities (or shares of Common Stock issuable upon conversion thereof) remain outstandingoutstanding and are "restricted securities" within the meaning of Rule 144 under the 1933 Act, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Mgi Pharma Inc)

Rule 144A Information. The Company agrees and the Guarantors agree that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it they will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes and the Guarantors furnish information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (United Auto Group Inc)

Rule 144A Information. The ARC and the Company agrees agree that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it they will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless ARC or the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Affordable Residential Communities Inc

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act144A, while any of the offered Securities remain outstandingoutstanding and are “restricted securities” within the meaning of Rule 144(a)(3) under the 1933 Act, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Huron Consulting Group Inc.)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Securities Act, while any of the offered such Securities remain outstanding, it Company will make available, upon request, to Purchaser or any holder prospective transferee of offered Securities or prospective purchasers of such Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission SEC pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 1 contract

Samples: Investment Agreement (Healthways, Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 1 contract

Samples: Purchase Agreement (Human Genome Sciences Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it they will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 ActAct (such information, whether made available to holders or prospective purchasers or furnished to the Commission, is herein referred to as "Additional Information").

Appears in 1 contract

Samples: Purchase Agreement (Caprock Communications Corp)

Rule 144A Information. The Company agrees that, in order to render the offered Original Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Original Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Original Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Triad Hospitals Inc)

Rule 144A Information. The Company agrees that, in order to --------------------- render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Transwitch Corp /De)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant is subject to Section 13 or 15(d) of the 1934 Act or is exempt from registration pursuant to Rule 12g3-2(b) of the 1934 Act.

Appears in 1 contract

Samples: Bridge Loan Agreement (Lyondell Chemical Co)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstandingoutstanding and while the securities remain Registrable Securities under the Registration Rights Agreement, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Tortoise Gas & Oil Corp)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities (or shares of Common Stock issuable upon conversion thereof) remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Dicks Sporting Goods Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in are "restricted securities" (as such term is defined under Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d144(a)(3) of the 1934 Act.under the

Appears in 1 contract

Samples: Purchase Agreement (Aflac Inc)

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Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while during the period any of the offered Securities remain outstandingoutstanding and the Company does not file reports with the Commission, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (BRP (Luxembourg) 4 S.a.r.l.)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Mylan Inc.)

Rule 144A Information. The Company agrees that, in order --------------------- to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Isle of Capri Casinos Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4)) under the 1933 Act, unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Archer Daniels Midland Co)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities (or to any holders or prospective purchasers of the Common Stock issuable upon conversion of the Securities) the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Oriental Bioengineering Inc)

Rule 144A Information. The Company and each Guarantor agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities (or shares of Common Stock issuable upon conversion thereof) remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Pantry Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.to

Appears in 1 contract

Samples: Purchase Agreement (Entertainment Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Securities Act, while any of the offered Securities remain outstanding, it will to make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 1 contract

Samples: Registration Rights Agreement (Midcom Communications Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities Shares eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities Shares remain outstanding, it will make available, upon request, to any holder of offered Securities Shares or prospective purchasers of Securities Shares the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 ActAct (such information, whether made available to holders or prospective purchasers or furnished to the Commission, is herein referred to as "Additional Information").

Appears in 1 contract

Samples: Rhythms Net Connections Inc

Rule 144A Information. The Company agrees thatCompany, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Securities Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities Securities, the information specified in Rule 144A(d)(4), unless the Company furnishes such information to the Commission pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 1 contract

Samples: Purchase Agreement (Financial Security Assurance Holdings LTD)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain remains outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Pogo Producing Co)

Rule 144A Information. The Company agrees that, in --------------------- order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Grand Palais Riverboat Inc)

Rule 144A Information. The Company agrees that, in order to render the offered --------------------- Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Lifepoint Hospitals Inc

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities (or Ordinary Shares issuable upon conversion thereof) remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Audiocodes LTD)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstandingare "restricted securities" within the meaning of the 1933 Act, it will to make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Affiliated Managers Group Inc)

Rule 144A Information. The Company agrees that, in order --------------------- to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain remains outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Pogo Producing Co

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities (or shares of Common Stock issuable upon conversion thereof) remain outstandingoutstanding and are “restricted securities” within the meaning of Rule 144 under the 1933 Act, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Cyberonics Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstandingoutstanding and are “restricted securities” within the meaning of Rule 144 under the 1933 Act, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Act.

Appears in 1 contract

Samples: Purchase Agreement (Wynn Resorts LTD)

Rule 144A Information. The Company agrees that, in order to ---------------------------- render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Act, while any of the offered Securities remain outstanding, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 ActAct (such information, whether made available to holders or prospective purchasers or furnished to the Commission, is herein referred to as "Additional Information").

Appears in 1 contract

Samples: Purchase Agreement (Universal Health Services Inc)

Rule 144A Information. The Company agrees that, in order to render the offered Securities eligible for resale pursuant to Rule 144A under the 1933 Securities Act, while any of the offered Securities remain outstandingoutstanding and are “restricted securities” within the meaning of Rule 144(a)(3) of the Securities Act, it will make available, upon request, to any holder of offered Securities or prospective purchasers of Securities the information specified in Rule 144A(d)(4), unless the Company furnishes information to the Commission pursuant to Section 13 or 15(d) of the 1934 Exchange Act.

Appears in 1 contract

Samples: Purchase Agreement (Aep Industries Inc)

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