Common use of Actively Traded Security Clause in Contracts

Actively Traded Security. The Common Shares are an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. Any certificate signed by an officer of the Company and delivered to Agent or to counsel for Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Agent as to the matters set forth therein.

Actively Traded Security. The Common Shares are an “actively-actively traded security” exempted excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. Any certificate signed uu. Proprietary Trading by an officer the Agent. The Company consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the Company and delivered to Agent or to counsel for Agent same time as sales of Placement Shares occur pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Agent as to the matters set forth thereinor any Alternative Distribution Agreement. vv.

Actively Traded Security. The Common Shares are is an “actively-actively traded security” exempted excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. Any certificate signed by an officer of the Company and delivered to Agent or to counsel for Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Agent as to the matters set forth therein.

Actively Traded Security. The Common Shares are Stock is an “actively-actively traded security” exempted excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. Any certificate signed by an officer The Company acknowledges that the Sales Agent and, for purposes of the opinions to be delivered pursuant to Sections 5 and 6 hereof, counsel to the Company and delivered to Agent or to counsel for Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Agent as to the matters set forth thereinSales Agent, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to such reliance.

Actively Traded Security. The Common Shares are an “actively-"actively traded security” exempted " excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. Any certificate signed by an officer of the Company and delivered to Agent or to counsel for Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Agent as to the matters set forth therein.

Actively Traded Security. The Common Shares are an “actively-actively traded security” exempted excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. Any certificate signed uu. Proprietary Trading by an officer the Agent. The Company consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the Company and delivered to Agent or to counsel for Agent same time as sales of Placement Shares occur pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Agent as to the matters set forth therein.or any Alternative Distribution Agreement. 14

Actively Traded Security. The Except under circumstances where the Company has provided the Agents, Forward Purchasers or Forward Sellers with the notice required pursuant to Section 7(y) of this Agreement, the Common Shares are an “actively-actively traded security” exempted excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. Any certificate signed by an officer of the Company and delivered to Agent or to counsel for Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Company, as applicable, to Agent as to the matters set forth therein.