Common use of Certain Rights of the Holder Clause in Contracts

Certain Rights of the Holder. If Named in a Registration Statement. If any statement contained in a registration statement under the Securities Act or in any filing under the state securities laws of any jurisdiction refers to any Participating Holder by name or otherwise as the holder of any securities of the Company, then such Participating Holder shall have the right to require (i) the insertion therein of language, in form and substance satisfactory to such Participating Holder, to the effect that the holding by such Participating Holder of such securities does not necessarily make such Participating Holder a "controlling person" of the Company within the meaning of the Securities Act and is not to be construed as a recommendation by such Participating Holder of the investment quality of the Company's debt or equity securities covered thereby and that such holding does not imply that such Participating Holder will assist in meeting any future financial requirements of the Company or (ii) in the event that such reference to such Participating Holder by name or otherwise is not, in the reasonable judgment of such Participating Holder as advised by its counsel, required by the Securities Act or any of the rules and regulations promulgated thereunder, or any state securities laws of any jurisdiction, the deletion of the reference to such Participating Holder.