Common use of SEC Form Clause in Contracts

SEC Form. Except as set forth in the next sentence, Kyndryl shall use its reasonable best efforts to cause Demand Registrations to be Registered on Form S-3 (or any successor form), and if Kyndryl is not then eligible under the Securities Act to use Form S-3, Demand Registrations shall be Registered on Form S-1 (or any successor form) or Form S-4 (in the case of an Exchange Offer). If a Demand Registration is a Convertible or Exchange Registration, Kyndryl shall effect such Registration on the appropriate Form under the Securities Act for such Registrations. Kyndryl shall use its reasonable best efforts to become eligible to use Form S-3 and, after becoming eligible to use Form S-3, shall use its reasonable best efforts to remain so eligible. All Demand Registrations shall comply with applicable requirements of the Securities Act and, together with each Prospectus included, filed or otherwise furnished by Kyndryl in connection therewith, shall not contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

SEC Form. Except as set forth in the next sentence, Kyndryl HealthCare shall use its reasonable best efforts to cause Demand Registrations to be Registered on Form S-3 (or any successor form)S-3, and if Kyndryl HealthCare is not then eligible under the Securities Act to use Form S-3, Demand Registrations shall be Registered on Form S-1 (or any successor form) or Form S-4 (in the case of an Exchange Offer). If a Demand Registration is a Convertible or Exchange Registration, Kyndryl HealthCare shall effect such Registration on the appropriate Form under the Securities Act for such Registrations. Kyndryl HealthCare shall use its reasonable best efforts to become eligible to use Form S-3 and, after becoming eligible to use Form S-3, shall use its reasonable best efforts to remain so eligible. All Demand Registrations shall comply with applicable requirements of the Securities Act and, together with each Prospectus included, filed or otherwise furnished by Kyndryl HealthCare in connection therewith, shall not contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.

SEC Form. Except as set forth in the next sentence, Kyndryl Elanco shall use its reasonable best efforts to cause Demand Registrations to be Registered on Form S-3 (or any successor form), and if Kyndryl Elanco is not then eligible under the Securities Act to use Form S-3, Demand Registrations shall be Registered on Form S-1 (or any successor form) or Form S-4 (in the case of an Exchange Offerexchange offer). If a Demand Registration is a Convertible or Exchange Registration, Kyndryl Elanco shall effect such Registration on the appropriate Form under the Securities Act for such Registrations. Kyndryl Elanco shall use its reasonable best efforts to become eligible to use Form S-3 and, after becoming eligible to use Form S-3, shall use its reasonable best efforts to remain so eligible. All Demand Registrations shall comply with applicable requirements of the Securities Act and, together with each Prospectus included, filed or otherwise furnished by Kyndryl Elanco in connection therewith, shall not contain any untrue statement of material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading.