Common use of An Exchange Offer Registration Statement pursuant to Clause in Contracts

An Exchange Offer Registration Statement pursuant to. Section 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided that if, after it has been declared effective, the offering of Registrable Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any court or other governmental or regulatory agency or body, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities pursuant to such Registration Statement may legally resume. In the event that either the Exchange Offer is not completed or a Shelf Registration Statement, if required hereby, is not declared effective within 210 days of the Trigger Date, the interest rate on the Registrable Securities will be increased by 1.00% per annum until the Exchange Offer is completed or the Shelf Registration Statement, if required hereby, is declared effective by the SEC or the Securities become freely tradable under the Securities Act.

An Exchange Offer Registration Statement pursuant to. Section 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided that if, after it has been declared effective, the offering of Registrable Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any court or other governmental or regulatory agency or body, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities pursuant to such Registration Statement may legally resume. In the event that either (i) the Exchange Offer is not completed on or a prior to the date nine months after closing or (ii) the Shelf Registration Statement, if required hereby, is not declared effective within 210 on or prior to the later of (x) the date nine months after closing or (y) in the case of a Shelf Registration Statement to be filed pursuant to Section 2(b)(iii) hereof, 45 days of after the Trigger Datedate notice is given to the Company pursuant to Section 2(b), the interest rate on the Registrable Securities will be increased by 1.00% per annum until the Exchange Offer is completed or the Shelf Registration Statement, if required hereby, is declared effective by the SEC or the Securities become freely tradable under the Securities Act.

An Exchange Offer Registration Statement pursuant to. Section 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided that provided, however, that, if, after it has been declared effective, the offering of Registrable Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any court or other governmental or regulatory agency or bodycourt, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities pursuant to such Registration Statement may legally resume. In the event that either the Exchange Offer is not completed or a consummated and the Shelf Registration Statement, if required hereby, Statement is not declared effective within 210 days of the Trigger Dateon or prior to December 31, 2001, the interest rate on the Registrable Securities will be increased by 1.000.5% per annum until the Exchange Offer is completed consummated or the Shelf Registration Statement, if required hereby, Statement is declared effective by the SEC or the Securities become freely tradable under the Securities ActSEC.

An Exchange Offer Registration Statement pursuant to. Section 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided that if, after it has been declared effective, the offering of Registrable Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any court or other governmental or regulatory agency or body, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities pursuant to such Registration Statement may legally resume. In the event that either the Exchange Offer is not completed or a Shelf Registration Statement, if required hereby, is not declared effective within 210 270 days of the Trigger Closing Date, the interest rate on the Registrable Securities will be increased by 1.00% per annum until the Exchange Offer is completed or the Shelf Registration Statement, if required hereby, is declared effective by the SEC or the Securities become freely tradable under the Securities Act.

An Exchange Offer Registration Statement pursuant to. Section 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC; provided that provided, however, that, if, after it has been declared effective, the offering of Registrable Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any court or other governmental or regulatory agency or bodycourt, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Securities pursuant to such Registration Statement may legally resume. In the event that either the Exchange Offer is not completed Registration Statement or a the Shelf Registration Statement, if required hereby, Statement is not declared effective within 210 days of the Trigger Dateon or prior to June 6, 2004, the interest rate on the Registrable Securities will be increased by 1.000.50% per annum until the Exchange Offer Registration Statement or the Shelf Registration Statement is declared effective by the SEC. Unless the Shelf Registration Statement shall have become effective, in the event the Exchange Offer is not consummated on or prior to July 6, 2004, the interest rate on the Securities will be increased by 0.50% per annum until the Exchange Offer is completed or consummated; provided, however, that on the effectiveness of the Shelf Registration Statement, if required hereby, is declared effective by the SEC or the Securities become freely tradable under the Securities Actany such increased interest will cease to accrue.