Common use of Deferral Clause in Contracts

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.53.7, a certificate signed by the President or Chief Executive Officer CEO of the Company stating that in the good faith judgment of the Board (including all the Preferred Share Directors then serving on the Board), it would be materially detrimental to the Company and its shareholders for such Form S-3/F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holder or Holders requesting of a majority of all the Outstanding Registrable Securities request the filing of a registration statement pursuant to this Section 3.5, 4 and the Company furnishes to such Holder or Holders a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer CEO of the Company stating that in the good faith judgment of the Board (including all the Preferred Share Directors then serving on the Board), it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 3.52.2, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Boardboard of directors of the Company, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 3.52.3, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filedfiled at such time, then the Company shall have the right to defer such filing for a period of not during which such filing would be materially detrimental but in any case no more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during such ninety (90) day period, the Company shall not file register any other of its shares during such twelve (12) month period. A demand right shall not be deemed to have been exercised until such deferred registration statement pertaining to the public offering of any securities of the Companyshall have been effected.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, including a majority of the Investor Directors, if any, it would be materially detrimental to the Company and its shareholders for such Form F-3 or Form S-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day days period, the Company shall not file any registration statement pertaining to the public offering of any securities of the CompanyCompany for the account of itself or any other shareholder.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders Shareholders for such Form S-3 or Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer CEO of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 or S-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall -------- furnish to Initiating Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its shareholders for such Form F-3 registration statement to be filedfiled and it is therefore in the Company's best interest to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during upon such ninety (90) day perioddeferral, the Company shall requested registration will not file any count as one of the registrations permitted under this Section 1.2 until such time as such deferred registration statement pertaining to shall have been declared effective by the public offering of any securities of SEC and the Companyshares registered thereunder have been sold (unless.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, including the Series B Directors, if any, it would be materially detrimental to the Company and its shareholders for such Form F-3 or Form S-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such one hundred ninety (90) day days period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 3.53.3, a certificate signed by the President or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred and twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during such ninety one hundred and twenty (90120) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.52.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its shareholders stockholders for such Form F-3 registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period. Notwithstanding anything to the contrary herein, the Company shall not file any be obligated to effect a demand registration statement pertaining to the public offering of any securities of the Company.under this Section 2.2 during the

Deferral. Notwithstanding the foregoing, if the Company shall -------- furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.52.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders stockholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that -------- ------- the Company may not utilize this right more than once in any twelve (12) twelve-month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5Section, a certificate signed by the President or Chief Executive Officer of the Company stating that that, in the good faith and reasonable judgment of the Board, it would be materially detrimental to the Company and its shareholders stockholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a the period of such detriment, but not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right (i) more than once twice in any twelve (12) month period; provided further that during such period for an aggregate period of ninety (90) day perioddays for both such suspensions, the Company shall not file nor (ii) during any registration statement pertaining to the public offering of any securities of period when the Company's executive officers and directors are not restrained from disposing of shares of Company Common Stock.

Deferral. Notwithstanding the foregoing, if the Company shall -------- furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.52.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, Board of Directors of the Company it would be materially seriously detrimental to the Company and its shareholders for such Form F-3 registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety six (906) days months after receipt of the request of the initiating Initiating Holders; provided, -------- however, that the Company may not utilize this right more than once in any ------- twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form S-3 or Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred and twenty (90120) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during such ninety one hundred and twenty (90120) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Initiating Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its shareholders for such Form F-3 registration statement to be filedfiled and it is therefore in the Company's best interest to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during upon such ninety (90) day perioddeferral, the Company shall requested registration will not file any count as one of the registrations permitted under this Section 1.2 until such time as such deferred registration statement pertaining to shall have been declared effective by the public offering of any securities of SEC and the Companyshares registered thereunder have been sold.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.52.7, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form S-3/F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.55.05, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form S-3 or Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.52.1(b), a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.54 of Exhibit C, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form S-3 or Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 3.55.03, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.52(a), a certificate signed by the President or Chief Executive Officer of from the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its shareholders stockholders for such Form F-3 registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer taking action with respect to such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.. (f) Not Demand Registration. Form F-3 registrations shall not be deemed to be demand registrations as described in Section 3.3 above. (g)

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Initiating Holders requesting the filing of a registration statement pursuant to this Section 3.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its shareholders for such Form F-3 registration statement to be filedfiled and it is therefore in the Company's best interest to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during upon such ninety (90) day perioddeferral, the Company shall requested registration will not file any count as one of the registrations permitted under this Section 1.2 until such time as such deferred registration statement pertaining to shall have been declared effective by the public offering of any securities of SEC and the Companyshares registered thereunder have been sold (unless .

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.51.4 or Section 1.2, a certificate signed by the President President, Chief Executive Officer or Chief Executive Financial Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders stockholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing and any filing requested under Section 1.2 for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the fact that such request is made shall not be a basis for a determination that the filing of such registration statement would be materially detrimental to the Company and its stockholders; and provided, further, however, that the Company may not utilize this right and its right under Section 1.2(d) more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 3.52 of Exhibit C, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.51.3, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the directors of the Company (the “Board”), it would be materially detrimental to the Company and its shareholders for such Form F-3 registration statement to be filedfiled at such time, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred and twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during such ninety (90) day period, the Company shall not file register any other of its shares during such twelve (12) month period. A demand right shall not be deemed to have been exercised until such deferred registration statement pertaining to the public offering of any securities of the Companyshall have been effected.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.5Clause 24.4, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its shareholders for such Form S-3 or Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 3.52, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the BoardBoard (including the approval of Majority Investor Directors), it would be materially detrimental to the Company and its shareholders Shareholders for such Form F-3 registration statement to be filedfiled at such time, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further further, that during such ninety (90) day period, the Company shall not file register any other of its Shares during such twelve (12) month period. A demand right shall not be deemed to have been exercised until such deferred registration statement pertaining to the public offering of any securities of the Companyshall have been effected.