The Company will use its commercially reasonable efforts to cause the Notes to be eligible for The PORTALSM Market of the National Association of Securities Dealers, Inc.
At the Closing Date, the Notes shall have been designated for trading on The PORTALSM Market.
We have applied to have the notes offered hereby designated as eligible for trading in the PORTALSM Market, the National Association of Securities Dealers' screen-based automated market for trading securities eligible for resale under Rule 144A.
The Company will use its commercially reasonable best efforts to assist the Initial Purchaser in effecting the inclusion of the Securities in The PORTALSM Market and to obtain approval of the Securities by DTC for book-entry transfer.
The Company and the Guarantors will use their reasonable best efforts to permit the Debentures to be designated PORTALSM-eligible securities in accordance with the rules and regulations adopted by the NASD relating to the PORTALSM Market.