Common use of Actively Traded Security Clause in Contracts

Actively Traded Security. The Common Stock is an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities and delivered to the Agent or to counsel for the Agent shall be deemed a representation and warranty by the applicable Transaction Entity to the Agent as to the matters covered thereby.

Actively Traded Security. The Company’s Common Stock is an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Act (“Regulation M”) by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities and delivered to the Agent or to counsel for the Agent shall be deemed a representation and warranty by the applicable Transaction Entity to the Agent as to the matters covered thereby.

Actively Traded Security. The Common Stock is an “actively-actively traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities Company and delivered to the Agent Agents or to counsel for the Agent Agents shall be deemed a representation and warranty by the applicable Transaction Entity Company to the Agent Agents as to the matters covered therebythereby as of the date or dates indicated in such certificate.

Actively Traded Security. The Common Stock is qualifies as an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities Company and delivered to the Agent Agents or to counsel for the Agent Agents in connection with an offering of the Shares shall be deemed a representation and warranty by the applicable Transaction Entity Company to the Agent Agents as to the matters covered thereby.

Actively Traded Security. The Common Stock is an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities Company and delivered to the Agent Agents or to counsel for the Agent Agents shall be deemed a representation and warranty by the applicable Transaction Entity Company to the Agent Agents as to the matters covered thereby.

Actively Traded Security. The Common Stock is an “actively-actively traded security” exempted excepted from the requirements of Rule 101 of Regulation M under the 1934 Exchange Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities Company and delivered to the Agent Managers and the Forward Purchasers or to counsel for the Agent Managers and the Forward Purchasers shall be deemed a representation and warranty by the applicable Transaction Entity Company, as the case may be, to the Agent Managers and the Forward Purchasers as to the matters covered thereby.

Actively Traded Security. The Common Stock is an “actively-actively traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Exchange Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities Company and delivered to the Agent Agents or to counsel for the Agent Agents pursuant to this Agreement or any Confirmation shall be deemed a representation and warranty by the applicable Transaction Entity Company to the Agent Agents as to the matters covered thereby, and the officer(s) or other authorized signatory(ies) signing such certificate shall have no personal liability for any representation or warranty made.

Actively Traded Security. The Common Stock is an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities and delivered to the Agent Agents or the Forward Purchaser or to counsel for the Agent Agents shall be deemed a representation and warranty by the applicable Transaction Entity to each Agent and the Agent Forward Purchaser as to the matters covered thereby.

Actively Traded Security. The Common Stock is an “actively-traded security” exempted from the requirements of Rule 101 of Regulation M under the 1934 Act by subsection (c)(1) of such rule. Any certificate signed by any officer or other authorized signatory of either of the Transaction Entities Company and delivered to the Agent Agents or to counsel for the Agent Agents shall be deemed a representation and warranty by the applicable Transaction Entity Company to the each Agent as to the matters covered thereby.