Common use of Information Required by Rule 144A Clause in Contracts

Information Required by Rule 144A. Each of Holdings and the Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 3 contracts

Samples: Note Purchase and Private Shelf Agreement (Alexander & Baldwin Holdings, Inc.), Note Purchase and Private Shelf Agreement (Alexander & Baldwin Inc), Alexander & Baldwin, Inc.

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Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer permitted to purchase any Note under the terms of this Agreement designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 3 contracts

Samples: Note Purchase Agreement (American Biltrite Inc), American Biltrite Inc, Movado Group Inc

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Northwest Pipe Co), Note Purchase and Private Shelf Agreement (Northwest Pipe Co)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the Purchaser or holder of any Note, provide such Purchaser or holder, and any qualified institutional buyer designated by such Purchaser or holder, such financial and other information as such Purchaser or holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5C, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 2 contracts

Samples: Security Agreement (Matson, Inc.), Note Purchase Agreement (Matson, Inc.)

Information Required by Rule 144A. Each of Holdings and the Company The Parent covenants that it will, upon the request of the holder of any Shelf Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Shelf Notes, except at such times as Holdings or the Company, as applicable, Parent is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 2 contracts

Samples: Note Purchase and Private Shelf Agreement (Drew Industries Inc), Note Purchase and Private Shelf Agreement (Drew Industries Inc)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the prior written request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act of 1933, as amended, in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Securities Exchange ActAct of 1934, as amended. For the purpose of this paragraph 5DSection 10.15, the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities ActAct of 1933, as amended.

Appears in 2 contracts

Samples: Note Agreement (Cornerstone Propane Partners Lp), Note Agreement (Cornerstone Propane Partners Lp)

Information Required by Rule 144A. Each of Holdings The Company and the Company covenants Guarantor covenant that it they will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings the Company or the Company, as applicable, is Guarantor are subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Quaker Fabric Corp /De/

Information Required by Rule 144A. Each of Holdings and the Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.. VP/#62778625.6

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Alexander & Baldwin, Inc.)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A l44A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Master Shelf and Revolving Credit Agreement (NRG Energy Inc)

Information Required by Rule 144A. Each of Holdings and the Company Industries covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Industries is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Mohawk Industries Inc)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any NoteSignificant Holder, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder Significant Holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section sections 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5F, the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Note Agreement (Rohr Inc)

Information Required by Rule 144A. Each of Holdings and the Company covenants that it The Supplier will, upon the request of any Holder of the holder Receivables or any Holder of any Notethe Notes, provide such holderHolder, and any qualified institutional buyer designated by such holderHolder, such financial and other information as such holder Holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Receivables or the Notes, except at such times as Holdings or the Company, as applicable, Supplier is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5DSection 7.2(k), the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Transaction Agreement (Cap Rock Energy Corp)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section Section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Wabash National Corp /De)

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Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Shelf Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Shelf Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5K, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Private Shelf Agreement (Tennant Co)

Information Required by Rule 144A. Each of Holdings and the Company covenants that it The Corporation will, upon the request of the holder of any Note, and at the expense of the Corporation, provide to such holder, and to any qualified institutional buyer designated by such holder, such the financial and other information as such holder may reasonably determine to be necessary described in paragraph (d)(4) of Rule 144A under the Securities Act required in order to permit compliance with the information requirements of reliance upon Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Corporation is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term "qualified institutional buyer" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Note Agreement (Devon Energy Corp /Ok/)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holderholder who has agreed to be bound by paragraph 11P, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term “qualified institutional buyer” "QUALIFIED INSTITUTIONAL BUYER" shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Corrpro Companies Inc /Oh/)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A 144A(d)(4) under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Private Shelf Agreement (Corn Products International Inc)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D6B, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Sharing Agreement (Kadant Inc)

Information Required by Rule 144A. Each of Holdings and the The Company covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, Company is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5N, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Twin Disc Inc)

Information Required by Rule 144A. Each of Holdings and the Company Issuer covenants that it will, upon the request of the holder of any Note, provide such holder, and any qualified institutional buyer designated by such holder, such financial and other information as such holder may reasonably determine to be necessary in order to permit compliance with the information requirements of Rule 144A under the Securities Act in connection with the resale of Notes, except at such times as Holdings or the Company, as applicable, such Issuer is subject to and in compliance with the reporting requirements of section 13 or 15(d) of the Exchange Act. For the purpose of this paragraph 5D5B, the term “qualified institutional buyer” shall have the meaning specified in Rule 144A under the Securities Act.

Appears in 1 contract

Samples: Private Shelf Agreement (Winmark Corp)

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