Common use of RULES 144; CURRENT INFORMATION Clause in Contracts

RULES 144; CURRENT INFORMATION. For so long as any Notes or Conversion Shares are outstanding, the Company will (i) cause its Common Stock to continue to be registered under Section 12 of the Exchange Act, file all reports required to be filed by it under the Securities Act and the Exchange Act and will take such further actions as the Purchaser may reasonably request, all to the extent required from time to time to enable the Purchaser to sell the Notes and Conversion Shares without registration under the Securities Act pursuant to the safe harbors and exemptions provided by Rule 144 under the Securities Act (to the extent such rule is applicable), as such rules may be amended from time to time, or any similar rule or regulation hereafter adopted by the Commission, and (ii) furnish the Purchaser with all reports, proxy statements and registration statements that the Company files with the Commission or distributes to its securityholders pursuant to the Securities Act and the Exchange Act at the times of such filings and distributions. Upon the request of the Purchaser, the Company will deliver to the Purchaser a written statement as to whether it has complied with the foregoing requirements.

RULES 144; CURRENT INFORMATION. For so long as any Notes or Conversion Shares are outstanding, the Company will (i) cause its Common Stock to continue to be registered under Section 12 12(g) of the Exchange Act, file all reports required to be filed by it under the Securities Act and the Exchange Act and will take such further actions as the any Purchaser may reasonably request, all to the extent required from time to time to enable the such Purchaser to sell the Notes and Conversion Shares without registration under the Securities Act pursuant to the safe harbors and exemptions provided by Rule 144 under the Securities Act (to the extent such rule is applicable)Act, as such rules may be amended from time to time, or any similar rule or regulation hereafter adopted by the Commission, and (ii) furnish the each Purchaser with all reports, proxy statements and registration statements that which the Company files with the Commission or distributes to its securityholders pursuant to the Securities Act and the Exchange Act at the times of such filings and distributions. Upon the request of the any Purchaser, the Company will deliver to the such Purchaser a written statement as to whether it has complied with the foregoing requirements.