Common use of Blackout Period Clause in Contracts

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable Notes, may suspend the use of the Prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "Blackout Period") not to exceed an aggregate of 60 days in any twelve month period if (1) the Board of Directors of the Company determines that the disclosure of an event at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines that any such disclosure would jeopardize the success of such transaction; provided, that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable Notes, may suspend the use of the Prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "Blackout PeriodBLACKOUT PERIOD") not to exceed an aggregate of 60 days in any twelve month period if (1) the Board of Directors of the Company determines that the disclosure of an event at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines that -11- any such disclosure would jeopardize the success of such transaction; providedPROVIDED, that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable Notes, may suspend the use of the Prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "a “Blackout Period"”) not to exceed an aggregate of 60 days in any twelve month period if (1) the Board of Directors of the Company determines determines, in good faith, that the disclosure of an event event, occurrence or other item at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines determines, in good faith, that any such disclosure would jeopardize the success of such transactiontransaction or that disclosure of the transaction is prohibited pursuant to the terms thereto; provided, that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable NotesHolders, may suspend the use of the Prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "“Blackout Period"”) not to exceed an aggregate of 60 days in any twelve month period if (1) the Board of Directors of the Company determines that the disclosure of an event at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines that any such disclosure would jeopardize the success of such transaction; provided, that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable Notes, may suspend the use of the Prospectus included in any Shelf Registration Statement in the event that that, and for a period of time (the a "Blackout Period") not to exceed an aggregate of 60 days in any twelve twelve- month period if (1) the Board of Directors of the Company determines determines, in good faith, that the disclosure of an event event, occurrence or other item at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines determines, in good faith, that any such disclosure would jeopardize the success of such transactiontransaction or that disclosure of the transaction is prohibited pursuant to the terms thereof; provided, that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable Notes, may suspend the use of the Prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "“Blackout Period"”) not to exceed an aggregate of 60 days in any twelve month period if (1) the Board of Directors of the Company determines that the disclosure of an event at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines that any such disclosure would jeopardize the success of such transaction; provided, that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable NotesTransfer Restricted Securities, may suspend the use of the Prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "a “Blackout Period"”) not to exceed an aggregate of 60 90 days in any twelve month period if (1) the Board of Directors of the Company determines that the disclosure of an event event, occurrence or other item at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company and its subsidiaries or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines determines, in good faith, that any such disclosure would jeopardize the success of such transactiontransaction or that disclosure of the transaction is prohibited pursuant to the terms thereto; provided, provided that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes Transfer Restricted Securities that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to advising the Holders of Registrable NotesInitial Purchasers, may suspend the use of the Prospectus prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "Blackout Period") not to exceed an aggregate of 60 sixty days in any twelve twelve-month period if (1) the Board of Directors of the Company determines that the disclosure of an event at such time could reasonably be expected to would have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines that any such disclosure would jeopardize the success of such transaction; provided, that, upon the termination of such Blackout Period, the Company promptly shall notify advise the Holders of Registrable Notes Initial Purchasers that such Blackout Period has been terminated.

Blackout Period. Notwithstanding anything to the contrary in this Agreement, the Company, upon notice to the Holders of Registrable Notes, may delay the filing of a Registration Statement or suspend the use of the Prospectus included in any Shelf Registration Statement in the event that and for a period of time (the "Blackout Period") not to exceed an aggregate of 60 days in any twelve month period if (1) the Board of Directors of the Company determines that the disclosure of an event at such time could reasonably be expected to have a material adverse effect on the business, operations or prospects of the Company or (2) the disclosure otherwise relates to a material business transaction which has not been publicly disclosed and the Board of Directors of the Company determines that any such disclosure would jeopardize the success of such transaction; provided, that, upon the termination of such Blackout Period, the Company promptly shall notify the Holders of Registrable Notes that such Blackout Period has been terminated.