Common use of Provision of Financial Statements Clause in Contracts

Provision of Financial Statements. For so long as the Notes are Outstanding, whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted by Commission practice and applicable law and regulations, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, if the Company was so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company was so subject. The Company shall also in any event within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders of Notes, as their names and addresses appear in the security register, without cost to such holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, if the Company were subject to either of such Sections. In addition, for so long as any Notes remain outstanding, the Company shall furnish to the holders of Notes and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes known to the Company, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request of any such holder.

Appears in 2 contracts

Samples: Indenture (Atrium Corp), Atrium Corp

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Provision of Financial Statements. For so long as the Notes are Outstanding, whether Whether or not the Company Issuer or the Partnership is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shallIssuer and the Partnership will, to the extent permitted by Commission practice and applicable law and regulationsunder the Exchange Act, file with the Commission SEC the annual reports, quarterly reports and other documents which the Company Issuer or the Partnership would have been required to file with the Commission SEC pursuant to such Section 13(a) or 15(d), or any successor provision thereto, ) if the Company was Issuer or the Partnership were so subject, such documents to be filed with the Commission SEC on or prior to the date respective dates (the "Required Filing Dates") by which the Company Issuer or the Partnership would have been required so to file such documents if the Company was Issuer or the Partnership were so subject. The Company shall Issuer or the Partnership will also in any event (x) within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, Date (i) transmit or cause to be transmitted by mail to all holders of NotesHolders, as their names and addresses appear in the security registerSenior Note Register, without cost to such holders Holders and (ii) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which the Company Issuer or the Partnership would have been required to file with the Commission SEC pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, Act if the Company Issuer or the Partnership were subject to either such Sections and (y) if filing such documents by the Issuer or the Partnership with the SEC is not permitted under the Exchange Act, promptly upon written request, supply copies of such Sections. In addition, for so long as any Notes remain outstanding, the Company shall furnish documents to the holders of Notes and a prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of the Senior Notes known to at the Company, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request of any such holderIssuer's cost.

Appears in 2 contracts

Samples: Trumps Castle Associates Lp, Trumps Castle Associates Lp

Provision of Financial Statements. For so long as the Notes are Outstanding, whether Whether or not United or the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, United and the Company shallwill, to the extent permitted by Commission practice and applicable law and regulationsunder the Exchange Act, file with deliver to the Commission for filing the annual reports, quarterly reports and other documents which United and the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, ) if United and the Company was were so subject, such documents to be filed with the Commission on or prior to the date respective dates (the "Required Filing DatesREQUIRED FILING DATES") by which United and the Company would have been required to so to file such documents if United and the Company, were so subject (subject to a five day grace period). United and the Company was so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date, whether or not permitted or required Date (subject to be filed with the Commission, a five day grace period) (i) transmit or cause to be transmitted by mail to all holders of NotesHolders, as their names and addresses appear in the security register, without cost to such holders Holders and (ii) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which United and the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, Act if United and the Company were subject to either such Sections and (y) if filing such documents by United and the Company with the Commission is not permitted under the Exchange Act, promptly upon written request, supply copies of such Sectionsdocuments to any prospective Holder at United's and the Company's cost. In addition, for so long as any Notes remain outstanding, the The Company shall furnish to the holders of Notes and prospective investors, upon their request, United will also provide the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act, and, 144A to any beneficial holder Holder or prospective Holder of Notes known Securities. Delivery of such reports, information and documents to the Company, if Trustee is for informational purposes only and the Trustee's receipt of such shall not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request constitute constructive notice of any such holderinformation contained therein or determinable from information contained therein, including the Company's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers' Certificates).

Appears in 1 contract

Samples: United Stationers Supply Co

Provision of Financial Statements. For so long as the Notes are Outstanding, whether Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shallwill, to the extent permitted by Commission practice and applicable law and regulationsunder the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section Sections 13(a) or 15(d), or any successor provision thereto, ) if the Company was were so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing DatesDate") by which the Company would have been required so to file such documents if the Company was were so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, Date (i) transmit or cause to be transmitted by mail to all holders of Notesholders, as their names and addresses appear in the security register, without cost to such holders and (ii) file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Sections 13(a) or 15(d) of the Exchange Act if the Company were subject to either of such Sections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder at the Company's cost. If any Guarantor's financial statements would be required to be included in the financial statements filed or delivered pursuant to this Indenture if the Company were subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, if the Company were subject to either of such Sections. In addition, for so long as any Notes remain outstanding, the Company shall furnish to the holders of Notes and prospective investors, upon their request, the information required to be delivered include such Guarantor's financial statements in any filing or delivery pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes known to the Company, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request of any such holderthis Indenture.

Appears in 1 contract

Samples: Indenture (Titan Wheel International Inc)

Provision of Financial Statements. For so long as the Notes are Outstandingoutstanding, whether or not the Company or any Guarantor is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shallwill, to the extent permitted by Commission practice and applicable law and regulations, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, if the Company was so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company was so subject. The Company shall will also in any event (x) within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders Holders of Notes, as their names and addresses appear in the security register, without cost to such holders Holders, as their names appear on the Note Register, without cost to such Holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, if the Company were was subject to either of such SectionsSections and (y) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder at the Company's cost. In addition, for so long as any Notes remain outstanding, the Company shall will furnish to the holders Holders of Notes and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder Holder of Notes known to the CompanyNotes, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request of any such holderHolder.

Appears in 1 contract

Samples: Pentacon Industrial Group Inc

Provision of Financial Statements. For so long as the Notes are Outstanding, whether Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shallwill, to the extent permitted by Commission practice and applicable law and regulationsunder the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, if the Company was so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company was so subject. The Company shall also in any event within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders of Notes, as their names and addresses appear in the security register, without cost to such holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Date") by which the Company would have been required so to file such documents if the Company were so subject. The Company will also in any event (a) within 15 days of each Required Filing Date (1) transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders and (2) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Sections 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, Act if the Company were subject to either of such SectionsSections and (b) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder at the Company's cost. In addition, for so long as If any Notes remain outstandingGuarantor's financial statements would be required to be included in the financial statements filed or delivered pursuant to this Indenture if the Company were subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall furnish to the holders of Notes and prospective investors, upon their request, the information required to be delivered include such Guarantor's financial statements in any filing or delivery pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes known to the Company, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request of any such holderthis Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Winn Dixie Stores Inc)

Provision of Financial Statements. For so long as the Notes are Outstanding, whether Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shallwill, to the extent permitted by Commission practice and applicable law and regulationsunder the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, if the Company was so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company was so subject. The Company shall also in any event within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders of Notes, as their names and addresses appear in the security register, without cost to such holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) if the Company were so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Date") by which the Company would have been required so to file such documents if the Company were so subject. The Company will also in any event within 15 days of each Required Filing Date (a) file with the Trustee copies of the annual reports, quarterly reports and other documents which the Company filed with the Commission or would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, Act if the Company were subject to either of such SectionsSections and (b) if filing such reports and documents by the Company with the Commission is not accepted by the Commission or is not permitted under the Exchange Act, transmit by mail to all Holders of the Securities, as their names and addresses appear in the Security Register, without cost to such Holders, copies of such reports and documents. In addition, for so long as any Notes of the Securities remain outstanding, the Company shall furnish will make available to the holders any prospective purchaser of Notes and prospective investors, upon their request, Securities or beneficial owner of Securities in connection with any sale thereof the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder until such time as the Company has either exchanged the Securities for securities identical in all material respects which have been registered under the Securities Act or until such time as the Holders thereof have disposed of Notes known to the Company, if not obtainable from the Commission, information of the type that would be filed with the Commission such Securities pursuant to an effective registration statement under the foregoing provisions, upon the request of any such holderSecurities Act.

Appears in 1 contract

Samples: Oxford Industries Inc

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Provision of Financial Statements. For so long as the Notes are Outstanding, whether (a) Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision theretofrom and after January 1, 2006, the Company shalland RMI will, to the extent permitted by Commission practice and applicable law and regulationsunder the Exchange Act, file with with, or furnish to, the Commission the annual reportsreports and other documents that they are or would have been required to: file with, quarterly or furnish to, the Commission pursuant to such Section 13(a) or 15(d), including any information relating to the Company and RMI as may be required by Regulation S-X under the Exchange Act or by the Commission, if they were so subject, such documents to be filed with, or furnished to, the Commission on or prior to the respective dates by which they would have been required so to file, or to furnish, such documents if they are or were so subject (in each case, at the times, and in the manner, required of Foreign Private Issuers under the Exchange Act if the Company or RMI, as the case may be, qualifies as a Foreign Private Issuer) (the "Required Filing Dates"); provided that, RMI may satisfy its obligations under this paragraph through the inclusion in the Company's annual reports and other documents filed with or furnished to the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act (or the provisions of this Indenture) of such financial information of RMI as may be required to be contained therein by Regulation S-X under the Exchange Act. The Company will in any event, from and after January 1, 2006, (x) within 15 days of such Required Filing Date (i) transmit by mail to all Holders, as their names and addresses appear in the Note Register, without cost to such Holders and (ii) file with the Trustee copies of the annual reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d)with, or any successor provision theretoto furnish to, if the Company was so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company was so subject. The Company shall also in any event within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders of Notes, as their names and addresses appear in the security register, without cost to such holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, Act if it was subject to such Sections and (y) if filing or any successor provision thereto, if furnishing such documents by the Company were subject to either of such Sections. In addition, for so long as any Notes remain outstanding, the Company shall furnish to the holders of Notes and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes known to the Company, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any Holders at the foregoing provisions, upon the request of any such holderCompany's cost.

Appears in 1 contract

Samples: First Supplemental Indenture (Hollinger Inc)

Provision of Financial Statements. For so So long as the Notes are Outstandingoutstanding, whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted by Commission practice and applicable law and regulations, file with the Commission the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, if the Company was were so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing DatesDate") by which the Company would have been required so to file such documents if the Company was were so subject. The Company shall also in any event (x) within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders of Notes, as their names and addresses appear in the security registerregister and to any other Person described in the TIA (S) 313(c), to the extent required by the TIA, without cost to such holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which that the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, if the Company were subject to either of such SectionsSections and (y) if fil- ing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder at the Company's cost. In addition, for so long as any Notes remain outstanding, the Company shall furnish to the holders of Notes and to securities analysts and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes known to the CompanyNotes, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request of any such holder. If any Subsidiary's financial statements would be required to be included in the financial statements filed or delivered pursuant hereto if the Company were subject to Section 13(a) or 15(d) of the Exchange Act, the Company shall include such Subsidiary's financial statements in any filing or delivery pursuant hereto.

Appears in 1 contract

Samples: Indenture (California Steel Industries Inc)

Provision of Financial Statements. For so long as the Notes are Outstandingoutstanding, whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shall, to the extent permitted by Commission practice and applicable law and regulations, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, if the Company was so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Dates") by which the Company would have been required so to file such documents if the Company was so subject. The Company shall also in any event within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders of Notes, as their names and addresses appear in the security register, without cost to such holders and (ii) file with the Trustee, copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, if the Company were subject to either of such Sections. In addition, for so long as any Notes remain outstanding, the Company shall furnish to the holders of Notes and prospective investors, upon their request, the information required to be delivered pursuant to Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes known to the Company, if not obtainable from the Commission, information of the type that would be filed with the Commission pursuant to the foregoing provisions, upon the request of any such holder.

Appears in 1 contract

Samples: Indenture (Best Built Inc)

Provision of Financial Statements. For so long as the Notes are Outstanding, whether Whether or not the Company is subject to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, the Company shallwill, to the extent permitted by Commission practice and applicable law and regulationsunder the Exchange Act, file with the Commission the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to such Section 13(a) or 15(d), or any successor provision thereto, ) if the Company was were so subject, such documents to be filed with the Commission on or prior to the date (the "Required Filing Dates"Date”) by which the Company would have been required so to file such documents if the Company was were so subject. The Company shall will also in any event (a) within 15 days of each Required Filing Date, whether or not permitted or required to be filed with the Commission, (i) transmit or cause to be transmitted by mail to all holders of Notes, as their names and addresses appear in the security register, without cost to such holders and (ii) Date file with the Trustee, Trustee copies of the annual reports, quarterly reports and other documents which the Company would have been required to file with the Commission pursuant to Section 13(a) or 15(d) of the Exchange Act, or any successor provision thereto, Act if the Company were subject to either of such SectionsSections and (b) if filing such documents by the Company with the Commission is not permitted under the Exchange Act, promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such documents to any prospective holder at the Company’s cost. In addition, for so long as any Notes of the Securities remain outstanding, the Company shall furnish will make available to the holders any prospective purchaser of Notes and prospective investors, upon their request, Securities or beneficial owner of Securities in connection with any sale thereof the information required to be delivered pursuant to by Rule 144A(d)(4) under the Securities Act, and, to any beneficial holder of Notes known to . Any document or report that the Company, if not obtainable from Company files with the SEC via the Commission, information of the type that would ’s XXXXX system shall be deemed to be filed with the Commission pursuant Trustee and mailed to all Holders for purposes of this Section 10.18 at the foregoing provisions, upon time such documents are filed via the request of any such holderXXXXX system.

Appears in 1 contract

Samples: Power Solutions International, Inc.

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