Common use of Commercially Reasonable Efforts of the Company Clause in Contracts

Commercially Reasonable Efforts of the Company. The Company agrees that it shall promptly after the expiration of the Exchange Period use its commercially reasonable efforts to complete an Underwritten Offering. Such commercially reasonable efforts shall include, among other things, contacting and soliciting prospective investment bankers to act as underwriters or agents of the Company in effecting such transaction, providing to the prospective investment bankers such financial and other information concerning the Company as may be reasonably requested, providing reasonable access to the management of the Company, its advisors and the Company's facilities as is requested by the prospective investment bankers, fulfilling the Company's obligations set forth in this Article II and otherwise enabling such investment bankers to have the opportunity to engage in "due diligence" activities with respect to the Company and its management and completing the Underwritten Offering on such terms as will yield Net Proceeds, after deducting such amount of Net Proceeds as are to be retained by the Company for its corporate purposes, sufficient to enable the Company to purchase all the Conversion Shares, and such number of Exchange Share Equivalents as are to be purchased by the Company, subject to paragraph 2.2 hereof, at the Closing Time of the Underwritten Offering.

Commercially Reasonable Efforts of the Company. The Company agrees that it shall promptly after the expiration of the Exchange Period use its commercially reasonable efforts to complete an Underwritten Offering. Such commercially reasonable efforts shall include, among other things, contacting and soliciting prospective investment bankers to act as underwriters or agents of the Company in effecting such transaction, providing to the prospective investment bankers such financial and other information concerning the Company as may be reasonably requested, providing reasonable access to the management of the Company, its advisors and the Company's facilities as is requested by the prospective investment bankers, fulfilling the Company's obligations set forth in this Article II and otherwise enabling such investment bankers to have the opportunity to engage in "due diligence" activities with respect to the Company and its management and completing the Underwritten Offering on such terms as will yield Net Proceeds, after deducting such amount of Net Proceeds as are to be retained by the Company for its corporate purposes, sufficient to enable the Company to purchase all the Conversion Shares, SJMB Shares and such number of Exchange Share Equivalents as are to be purchased by the Company, subject to paragraph 2.2 hereof, at the Closing Time of the Underwritten Offering.

Commercially Reasonable Efforts of the Company. The Company agrees that it shall promptly after the expiration of the Exchange Period use its commercially reasonable efforts to complete an Underwritten Offering. Such commercially reasonable efforts shall include, among other things, contacting and soliciting prospective investment bankers to act as underwriters or agents of the Company in effecting such transaction, providing to the prospective investment bankers such financial and other information concerning the Company as may be reasonably requested, providing reasonable access to the management of the Company, its advisors and the Company's facilities as is requested by the prospective investment bankers, fulfilling the Company's obligations set forth in this Article II and otherwise enabling such investment bankers to have the opportunity to engage in "due diligence" activities with respect to the Company and its management management, and completing the Underwritten Offering on such terms as will yield Net Proceeds, after deducting such amount of Net Proceeds as are to be retained by the Company for its corporate purposes, sufficient to enable the Company to purchase all the Conversion Shares, SJMB Shares and such number of Exchange Share Equivalents as are to be purchased by the Company, subject to paragraph 2.2 3.2 hereof, at the Closing Time of the Underwritten Offering.