Common use of Certain Rights of the Holder Clause in Contracts

Certain Rights of the Holder. The Company will not file any registration statement under the Securities Act, unless it shall first have given to the Holder, at least 30 days prior written notice thereof. If any such registration statement refers to the Holder by name or otherwise as the holder of any securities of the Company, then the Holder shall have the right within such 30 day period to require (a) the insertion therein of language, in form and substance satisfactory to the Holder to the effect that the holding by the Holder of such securities does not necessarily make the Holder a "controlling person" of the Company within the meaning of the Securities Act and is not to be construed as a recommendation by the Holder of the investment quality of the Company's debt or equity securities covered thereby and that the Holder will assist in meeting any future financial requirements of the Company or (b) in the event that such reference to the Holder by name or otherwise is not required by the Securities Act or any rules and regulations promulgated thereunder, the deletion of the reference to the Holder. If the Holder does not respond within such 30 day period, the Company may proceed with the filing.