Common use of Certain Terms and Conditions Clause in Contracts

Certain Terms and Conditions. The following provisions shall be applicable to all registration rights granted in this Section 14: (a) the Company shall have the right to require the Investor, as a condition to the Investor exercising its rights under 14.2 to make offerings in the same manner as other shares registered therein for sale by the Company by way of a firm underwriting; (b) in the event that the Investor was afforded an opportunity to join in a Registration Statement under Section 14.2 (pursuant to which sales were consummated), and either declined to join therein or included securities therein, then the Investor may not request to be included in a Registration Statement under Section 14.1 for a period of six (6) months after the Investor received the Notice of Registration with respect to the Registration Statement in which the Investor participated or declined to participate; (c) the Company shall not be required to maintain any Registration Statement under Section 14.2 in effect for a period of more than nine months; provided, however, that this period shall be extended at the request of the Investor; (d) the Company need not include Shares or Warrant Shares owned by the Investor in any Registration Statement provided for under Section 14.2 if in the opinion of counsel for the Company satisfactory to counsel for the Investor, registration of such Shares under the Act is not necessary for the Investor to dispose of such Shares and/or Warrant Shares in a public offering and distribution in the open market in compliance with the Act; provided, in such case the opinion of such counsel shall be in writing addressed to the Investor and shall be rendered within twenty (20) days after the Notice of Intent to Sell is received by the Company; and (e) the Company shall have the right to delay the effective date or withdraw any Registration Statement it files.

Certain Terms and Conditions. The following provisions shall be applicable to all registration rights granted in this Section 145: (a) i. the Company shall have the right to require the Investor, as a condition any registration required under Section 5(a) to the Investor exercising its rights under 14.2 to make contemplate offerings in the same manner as other shares registered therein for sale by the Company therein, provided they are offerings by way of a either (i) firm underwritingunderwritings, (ii) exchange distributions or (iii) “shelf” registration statements; (b) in the event that the Investor was afforded an opportunity to join in a Registration Statement under Section 14.2 (pursuant to which sales were consummated), and either declined to join therein or included securities therein, then the Investor may not request to be included in a Registration Statement under Section 14.1 for a period of six (6) months after the Investor received the Notice of Registration with respect to the Registration Statement in which the Investor participated or declined to participate; (c) ii. the Company shall not be required to maintain any Registration Statement under Section 14.2 5(a) in effect for a period of more than nine six months; provided, however, that this period shall be extended at the request of the InvestorHolder to no more than nine months to meet the requirements of underwriters of such securities pursuant to the terms of an underwriting agreement; (d) iii. the Company need not include Shares any Warrants or Warrant Shares shares owned by the Investor Holder in any Registration Statement provided for under Section 14.2 Sections 5(a) if in the opinion of counsel for the Company satisfactory to counsel for the InvestorHolder, registration of such Shares shares under the Securities Act is not necessary for the Investor Holder to dispose of such Shares and/or Warrant Shares shares in a public offering and distribution in the open market in compliance with the Securities Act; provided, in such case the opinion of such counsel shall be in writing addressed to the Investor Holder and shall be rendered within twenty (20) days after the Notice of Intent to Sell is received by the Company; and (e) the Company shall have the right to delay the effective date or withdraw any Registration Statement it files.

Certain Terms and Conditions. The following provisions shall be applicable to all registration rights granted in this Section 14: (a) the Company shall have the right to require the Investor, as a condition to the Investor exercising its rights under 14.2 14.1 to make offerings in the same manner as other shares registered therein for sale by the Company by way of a firm underwriting; (b) in the event that the Investor was afforded an opportunity to join in a Registration Statement under Section 14.2 14.1 (pursuant to which sales were consummated), and either declined to join therein or included securities therein, then the Investor may not request to be included in a Registration Statement under Section 14.1 for a period of six (6) months after the Investor received the Notice of Registration with respect to the Registration Statement in which the Investor participated or declined to participate; (c) the Company shall not be required to maintain any Registration Statement under Section 14.2 14.1 in effect for a period of more than nine months; provided, however, that this period shall be extended at the request of the Investor; (d) the Company need not include the Warrant Shares or Warrant Shares shares underlying the Notes owned by the Investor in any Registration Statement provided for under Section 14.2 14.1 if in the opinion of counsel for the Company satisfactory to counsel for the Investor, registration of such Shares securities under the Act is not necessary for the Investor to dispose of such Shares and/or Warrant Shares securities in a public offering and distribution in the open market in compliance with the Act; provided, in such case the opinion of such counsel shall be in writing addressed to the Investor and shall be rendered within twenty (20) days after the Notice of Intent to Sell is received by the Company; and (e) the Company shall have the right to delay the effective date or withdraw any Registration Statement it files.

Certain Terms and Conditions. The following provisions shall be applicable to all registration rights granted in this Section 14: (a) the Company shall have the right to require the Investor, as a condition to the Investor exercising its rights under 14.2 14.1 to make offerings in the same manner as other shares registered therein for sale by the Company by way of a firm underwriting; (b) in the event that the Investor was afforded an opportunity opportuni-ty to join in a Registration Statement under Section 14.2 14.1 (pursuant to which sales were consummated), and either declined to join therein or included securities therein, then the Investor may not request to be included in a Registration Statement under Section 14.1 for a period of six (6) months after the Investor received the Notice of Registration with respect to the Registration Statement in which the Investor participated or declined to participate; (c) the Company shall not be required to maintain any Registration Statement under Section 14.2 14.1 in effect for a period of more than nine months; provided, however, that this period shall be extended at the request of the Investor; (d) the Company need not include Shares or Warrant Shares owned by the Investor in any Registration Statement provided for under Section 14.2 14.1 if in the opinion of counsel for the Company satisfactory to counsel for the Investor, registration of such Shares under the Act is not necessary for the Investor to dispose of such Shares and/or Warrant Shares in a public offering and distribution in the open market in compliance with the Act; provided, in such case the opinion of such counsel shall be in writing addressed to the Investor and shall be rendered within twenty (20) days after the Notice of Intent to Sell is received by the Company; and (e) the Company shall have the right to delay the effective date or withdraw any Registration Statement it files.