Common use of Demand by the Investors Clause in Contracts

Demand by the Investors. (i) If, at any time there is no currently effective Shelf Registration Statement on file with the SEC then, except as provided in Section 2.02(a), (x) an Investor or Investors holding, directly or indirectly, together with their respective Affiliates in the aggregate, not less than five percent (5%) of the Registrable Securities then outstanding may make a written request to the Issuer for Registration of all or part of the Registrable Securities held by such Investor on Form S-1 or any similar long-form Registration Statement (a “Long Form Registration Statement”), or (y) any Investor may make a written request to the Issuer for Registration of all or part of the Registrable Securities held by such Investor on Form S-3 or any similar short-form Registration Statement (a “Short-Form Registration Statement”) if the Issuer is then qualified to use such short form. Any such requested Registration shall hereinafter be referred to as a “Demand Registration,” and any Investor requesting such Demand Registration shall hereinafter be referred to as a “Demanding Investor.” Each request for a Demand Registration shall specify the kind and aggregate amount of Registrable Securities to be Registered and the intended methods of disposition thereof. (ii) Within (i) seventy-five (75) days in the case of a request for a Long-Form Registration or (ii) thirty (30) days in the case of a request for a Short-Form Registration, the Issuer shall file a Registration Statement relating to such Demand Registration (a “Demand Registration Statement”), and shall use its reasonable best efforts to cause such Demand Registration Statement to become effective under the Securities Act.

Demand by the Investors. (i) If, at any time there is no currently effective Shelf Registration Statement on file with the SEC then, except as provided in Section 2.02(a), (x) an Investor or The Required Investors holding, directly or indirectly, together with their respective Affiliates in the aggregate, not less than five percent (5%) of the Registrable Securities then outstanding may make a written request to the Issuer for Registration of all or part of the Registrable Securities held by such Investor Required Investors (A) on Form S-1 or any similar long-form Registration Statement (a “Long Long-Form Registration Statement”), or (yB) any Investor may make a written request to the Issuer for Registration of all or part of the Registrable Securities held by such Investor on Form S-3 or any similar short-form Registration Statement (a “Short-Form Registration Statement”) if the Issuer is then qualified to use such short form. Any such requested Registration shall hereinafter be referred to as a “Demand Registration,” and any Investor requesting such Demand Registration shall hereinafter be referred to as a “Demanding Investor.” Each request for a Demand Registration shall specify the kind and aggregate amount of Registrable Securities to be Registered and the intended methods of disposition thereof. (ii) Within Unless there is a currently effective Shelf Registration Statement covering such Registrable Securities on file with the SEC then, within (iA) seventy-five sixty (7560) days in the case of a request for a Long-Form Registration Statement or (iiB) thirty (30) days in the case of a request for a Short-Form RegistrationRegistration Statement, the Issuer shall file a Registration Statement relating to such Demand Registration (a “Demand Registration Statement”), and shall use its reasonable best efforts to cause such Demand Registration Statement to become effective under the Securities Act.

Demand by the Investors. (i) If, at any time after the Effectiveness Date, there is no currently effective Shelf Registration Statement on file with the SEC then, except as provided in Section 2.02(a), (x) an Investor or Investors holding, directly or indirectly, together with their respective Affiliates in the aggregate, not less than five ten percent (510%) of the Registrable Securities then outstanding may make a written request to the Issuer for Registration (specifying that such request is being made pursuant to this Section 2.01(a)) of all or part of the Registrable Securities held by such Investor on Form S-1 or any similar long-form Registration Statement (a “Long Long-Form Registration Statement”), or (y) any Investor may make a written request to the Issuer for Registration of all or part of the Registrable Securities held by such Investor on Form S-3 or any similar short-form Registration Statement (a “Short-Form Registration Statement”) if the Issuer is then qualified to use such short form. Any such requested Long-Form Registration or Short-Form Registration shall hereinafter be referred to as a “Demand Registration,” and any Investor requesting such Demand Registration shall hereinafter be referred to as a “Demanding Investor.” Each request for a Demand Registration shall specify the kind and aggregate amount of Registrable Securities to be Registered and the intended methods of disposition thereof.. Table of Contents (ii) Within (i) seventy-five ninety (7590) days in the case of a request for a Long-Form Registration or (ii) thirty (30) days in the case of a request for a Short-Form Registration, the Issuer shall file a Registration Statement relating to such Demand Registration (a “Demand Registration Statement”), and shall use its reasonable best efforts to cause such Demand Registration Statement to promptly become effective under the Securities ActAct and to qualify under the “Blue Sky” laws of such jurisdictions as any Participating Holder or any underwriter, if any, reasonably requests.

Demand by the Investors. (i) If, at any time after the Effectiveness Date, there is no currently effective Shelf Registration Statement on file with the SEC then, except as provided in Section 2.02(a), (x) an Investor or Investors holding, directly or indirectly, together with their respective Affiliates in the aggregate, not less than five ten percent (510%) of the Registrable Securities then outstanding may make a written request to the Issuer for Registration (specifying that such request is being made pursuant to this Section 2.01(a)) of all or part of the Registrable Securities held by such Investor on Form S-1 or any similar long-form Registration Statement (a “Long Long-Form Registration Statement”), or (y) any Investor may make a written request to the Issuer for Registration of all or part of the Registrable Securities held by such Investor on Form S-3 or any similar short-form Registration Statement (a “Short-Form Registration Statement”) if the Issuer is then qualified to use such short form. Any such requested Long-Form Registration or Short-Form Registration shall hereinafter be referred to as a “Demand Registration,” and any Investor requesting such Demand Registration shall hereinafter be referred to as a “Demanding Investor.” Each request for a Demand Registration shall specify the kind and aggregate amount of Registrable Securities to be Registered and the intended methods of disposition thereof. (ii) Within (i) seventy-five ninety (7590) days in the case of a request for a Long-Form Registration or (ii) thirty (30) days in the case of a request for a Short-Form Registration, the Issuer shall file a Registration Statement relating to such Demand Registration (a “Demand Registration Statement”), and shall use its reasonable best efforts to cause such Demand Registration Statement to promptly become effective under the Securities ActAct and to qualify under the “Blue Sky” laws of such jurisdictions as any Participating Holder or any underwriter, if any, reasonably requests.