Common use of Actions by Company Clause in Contracts

Actions by Company. Whenever the Company includes Warrant Shares in a registration statement, the Company will (a) furnish the Holder of Warrant Shares included in such registration statement and each underwriter of such Warrant Shares the number of copies of a current prospectus, including the preliminary prospectus, conforming to the requirements of Section 10 of the Act (and such other documents as each such Holder or each such underwriter may reasonably request), as such Holder(s) and underwriter(s) may reasonably require in order to effectuate the offer and sale of the Warrant Shares included in such registration statement; (b) use its reasonable efforts to register or qualify such Warrant Shares under the blue sky laws (to the extent applicable) of such jurisdiction or jurisdictions which the Company deems appropriate or necessary; provided, however, that the Company will not be obligated to register or qualify any Warrant Shares under those "blue sky" securities laws which the Company deems are unduly burdensome in connection with such registration or qualification of Warrant Shares in such state; and (c) take such other actions as may be reasonably necessary or advisable to enable such Holder(s) and such underwriters to consummate the sale or distribution in such jurisdiction or jurisdictions in which such Holder(s) reasonably requests that the Warrant Shares be sold; provided, however, that the Company will not be required to qualify as a foreign corporation or broker-dealer in any jurisdiction or to file a consent to service of process in any jurisdiction in any action other than one arising out of the offering or sale of the Warrant Shares.