Common use of Blackout Notice Clause in Contracts

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "Blackout Notice") to each Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect to the Company's securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' receipt of copies of the supplemented or amended Prospectus, or at such time as each Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.

Blackout Notice. In “Blackout Period” means, with respect to a registration effected pursuant to this Section 1.2, a period in each case commencing on the event (i) that day immediately after the Company concludes notifies the Holders that it is necessary for they are required, pursuant to Section 1.3(f), to suspend offers and sales of Registrable Securities during which the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) thatCompany, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's its Board of Directors, it is advisable to suspend use determines (because of the Prospectus for a discrete period existence of, or in anticipation of, any acquisition, financing activity, or other transaction involving the Company, or the unavailability of any required financial statements, disclosure of information which is in its best interest not to publicly disclose, or any other event or condition of similar significance to the Company) that the registration and distribution of the Registrable Securities to be covered by such registration statement, if any, would be seriously detrimental to the Company and its stockholders and ending on the earlier of (1) the date upon which the material non-public information commencing the Blackout Period is disclosed to the public or ceases to be material and (2) such time due as the Company notifies the selling Holders that the Company will no longer delay such filing of the registration statement, will recommence taking steps to material undisclosed pending corporate developments make such registration statement effective, or pending public filings with the Commission will allow sales pursuant to such registration statement to resume; provided, however, that (which need not be described in detail), a) the Company shall deliver limit its use of Blackout Periods, in the aggregate, to 60 trading days in any 12-month period and (b) no Blackout Period may commence sooner than 60 days after the end of a written prior Blackout Period. Each Holder of Registrable Securities agrees that, upon receipt of any notice (the "of a Blackout Notice") to each Period, such Holder shall discontinue disposition of Registrable Securities pursuant to the effect registration statement covering such Registrable Securities until such Holder’s receipt of the foregoing and, upon delivery of the Blackout Notice, each Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect to the Company's securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' receipt of copies of the supplemented or amended Prospectus, prospectus contemplated by Section 1.3(c) hereof or at such time as each Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part notice of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery end of the Blackout Notice. If Period, and, if so directed by the Company, such Holder shall deliver to the Company has delivered a Blackout Notice within 90 days (at the Company’s expense) all copies (including, without limitation, any and all drafts), other than permanent file copies, then in such Holder’s possession, of the date that it delivers another Blackout Notice pursuant this section, then prospectus covering such Registrable Securities current at the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of receipt of such Blackout Noticenotice.

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "Blackout Notice") to each the Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each the Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such the Holder, shall not otherwise engage in any other Disposition with respect to the Company's securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' Holder's receipt of copies of the supplemented or amended Prospectus, or at such time as each the Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each the Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "Blackout Notice") to each Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect to the Company's securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' receipt of copies of the supplemented or amended Prospectus, or at such time as each Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.the

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "Blackout NoticeBLACKOUT NOTICE") to each the Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each the Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect pursuant to the Company's securities, Prospectus and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' Holder's receipt of copies of the supplemented or amended Prospectus, or at such time as each Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 (i) 90 days after the date of delivery of the Blackout NoticeNotice in the case of corporate developments and (ii) 135 days following the effective date of a registration statement relating to a pending public filing. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day applicable time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.

Blackout Notice. In the event (i) that the Company --------------- concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "Blackout Notice") to each the Holder to the effect of the foregoing and, ---------------- upon delivery of the Blackout Notice, each the Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect pursuant to the Company's securities, Prospectus and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window Following delivery of the Blackout Notice, the Holder shall resume once again be entitled to sell Purchased Shares pursuant to the Prospectus (as amended or supplemented) upon the Holders' Holder's receipt of copies of the supplemented or amended Prospectus, or at such time as each the Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each the Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "Blackout Notice") to each the Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each the Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such the Holder, shall not otherwise engage in any other Disposition with respect to the Company's securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window Such restrictions on sale of the Registrable Securities shall resume cease upon the Holders' Holder's receipt of copies of the supplemented or amended Prospectus, or at such time as each the Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each the Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's ’s Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "“Blackout Notice"”) to each the Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each the Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect pursuant to the Company's securities, Prospectus and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window Following delivery of the Blackout Notice, the Holder shall resume once again be entitled to sell Purchased Shares pursuant to the Prospectus (as amended or supplemented) upon the Holders' Holder’s receipt of copies of the supplemented or amended Prospectus, or at such time as each the Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each the Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice; provided, however, that in no event shall the Company be entitled to deliver more that two Blackout Notices during any 12-month period.

Blackout Notice. In Blackout Period" means, with respect to a registration effected pursuant to this Section 1.2, a period in each case commencing on the event (i) that day immediately after the Company concludes notifies the Holders that it is necessary for they are required, pursuant to Section 1.3(f), to suspend offers and sales of Registrable Securities during which the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) thatCompany, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's its Board of Directors, it is advisable to suspend use determines (because of the Prospectus for a discrete period existence of, or in anticipation of, any acquisition, financing activity, or other transaction involving the Company, or the unavailability of any required financial statements, disclosure of information which is in its best interest not to publicly disclose, or any other event or condition of similar significance to the Company) that the registration and distribution of the Registrable Securities to be covered by such registration statement, if any, would be seriously detrimental to the Company and its stockholders and ending on the earlier of (1) the date upon which the material non-public information commencing the Blackout Period is disclosed to the public or ceases to be material and (2) such time due as the Company notifies the selling Holders that the Company will no longer delay such filing of the registration statement, will recommence taking steps to material undisclosed pending corporate developments make such registration statement effective, or pending public filings with the Commission will allow sales pursuant to such registration statement to resume; provided, however, that (which need not be described in detail), a) the Company shall deliver limit its use of Blackout Periods, in the aggregate, to 60 trading days in any 12-month period and (b) no Blackout Period may commence sooner than 60 days after the end of a written prior Blackout Period. Each Holder of Registrable Securities agrees that, upon receipt of any notice (the "of a Blackout Notice") to each Period, such Holder shall discontinue disposition of Registrable Securities pursuant to the effect registration statement covering such Registrable Securities until such Holder's receipt of the foregoing and, upon delivery of the Blackout Notice, each Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect to the Company's securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' receipt of copies of the supplemented or amended Prospectus, prospectus contemplated by Section 1.3(c) hereof or at such time as each Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part notice of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery end of the Blackout Notice. If Period, and, if so directed by the Company, such Holder shall deliver to the Company has delivered a Blackout Notice within 90 days (at the Company's expense) all copies (including, without limitation, any and all drafts), other than permanent file copies, then in such Holder's possession, of the date that it delivers another Blackout Notice pursuant this section, then prospectus covering such Registrable Securities current at the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of receipt of such Blackout Noticenotice.

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's ’s Board of Directors, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "“Blackout Notice"”) to each Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect to the Company's ’s securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' ’ receipt of copies of the supplemented or amended Prospectus, or at such time as each Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.

Blackout Notice. In the event (i) that the Company concludes in good faith that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's Board of DirectorsDirectors of the Company, it is advisable to suspend use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detaildetail in the Blackout Notice), the Company shall deliver a written notice (the "“Blackout Notice"”) to each Holder the Holders to the effect of the foregoing and, upon delivery of the Blackout Notice, each Holder the Holders shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect pursuant to the Company's securities, Prospectus and shall not disclose to any third party that such a notice has been given or the contents of the notice; provided, however, that the Company shall not give a Blackout Notice more than two times in any 12 month period. The Permitted Window Thereafter, each Holder shall resume once again be entitled to sell Purchased Shares pursuant to the Prospectus (as amended or supplemented) upon the Holders' Holder’s receipt of copies of the supplemented or amended Prospectus, or at such time as each the Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each the Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 30 days after delivery of such Blackout Notice.

Blackout Notice. In “S-3 Blackout Period” means, with respect to a registration, a period in each case commencing on the event (i) that day immediately after the Company concludes notifies the Purchasers that it is necessary for they are required, pursuant to Section 7.3(f), to suspend offers and sales of Registrable Securities during which the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) thatCompany, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's its Board of Directors, it is advisable to suspend use determines (because of the Prospectus for a discrete period existence of, or in anticipation of, any acquisition, financing activity, or other transaction involving the Company, or the unavailability of any required financial statements, disclosure of information which is in its best interest not to publicly disclose, or any other event or condition of similar significance to the Company) that the registration and distribution of the Registrable Securities to be covered by such registration statement, if any, would be seriously detrimental to the Company and its shareholders and ending on the earlier of (1) the date upon which the material non-public information commencing the S-3 Blackout Period is disclosed to the public or ceases to be material and (2) such time due as the Company notifies the selling Holders that the Company will no longer delay such filing of the Registration Statement, will recommence taking steps to material undisclosed pending corporate developments make such Registration Statement effective, or pending public filings with the Commission will allow sales pursuant to such Registration Statement to resume; provided, however, that (which need not be described in detail), a) the Company shall deliver limit its use of S-3 Blackout Periods, in the aggregate, to 60 trading days in any 12-month period and (b) no S-3 Blackout Period may commence sooner than 60 days after the end of a written prior S-3 Blackout Period. Each Holder of Registrable Securities agrees that, upon receipt of any notice (the "of an S-3 Blackout Notice") to each Period, such Holder shall discontinue disposition of Registrable Securities pursuant to the effect registration statement covering such Registrable Securities until such Holder’s receipt of the foregoing and, upon delivery of the Blackout Notice, each Holder shall not sell any Purchased Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition with respect to the Company's securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' receipt of copies of the supplemented or amended Prospectusprospectus contemplated by Section 7.3(c) hereof or notice of the end of the S-3 Blackout Period, or at such time as each Holder is advised in writing and, if so directed by the Company, such Holder shall deliver to the Company that (at the Prospectus may be usedCompany’s expense) all copies (including, without limitation, any and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference all drafts), other than permanent file copies, then in such Prospectus and which are required to be delivered as part Holder’s possession, of the Prospectus. In any event, prospectus covering such restrictions shall terminate no later than 45 days after Registrable Securities current at the date time of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery receipt of such Blackout Noticenotice.

Blackout Notice. In the event (i) that the Company concludes that it is necessary for the Company to supplement the Prospectus or make an appropriate filing under the Exchange Act so as to cause the Prospectus to become current, or (ii) that, in the reasonable and good faith judgment of the President, Chief Executive Officer or the Company's ’s Board of Directors, it is advisable to suspend the use of the Prospectus for a discrete period of time due to material undisclosed pending corporate developments or pending public filings with the Commission (which need not be described in detail), the Company shall deliver a written notice (the "“Blackout Notice"”) to each Holder to the effect of the foregoing and, upon delivery of the Blackout Notice, each Holder shall not sell any Purchased Conversion Shares or any other securities of the Company that are held by such Holder, shall not otherwise engage in any other Disposition disposition with respect to the Company's ’s securities, and shall not disclose to any third party that such a notice has been given or the contents of the notice. The Permitted Window shall resume upon the Holders' ’ receipt of copies of the supplemented or amended Prospectus, or at such time as each Holder is advised in writing by the Company that the Prospectus may be used, and at such time as each Holder has received copies of any additional or supplemental filings that are incorporated or deemed incorporated by reference in such Prospectus and which are required to be delivered as part of the Prospectus. In any event, such restrictions shall terminate no later than 45 days after the date of delivery of the Blackout Notice. If the Company has delivered a Blackout Notice within 90 days of the date that it delivers another Blackout Notice pursuant this section, then the 45-day time period set forth in the preceding sentence shall be shortened so that the restrictions imposed by the Blackout Notice shall expire no later than 10 days after delivery of such Blackout Notice.