Common use of Effective Notice Period Clause in Contracts

Effective Notice Period. Subject to the last sentence of this subsection 6.1, during the term of this Agreement, no priority of right shall exist between or among Securities Holders or between any Securities Holder, on the one hand, and the Company, on the other, with respect to providing a Notice of Offering with respect to, and effecting, a Public Sale Event. Once properly given, a Securities Holder Sale Notice or a Company Sale Notice regarding a Company Public Sale Event, as the case may be, shall be effective (and shall preclude any such Notice of Offering by another party except in accordance with clause (ii) of Section 2.3(b)) during the period (the "Effective Notice Period") commencing on the date of such Notice of Offering and ending on the earliest of (a) withdrawal of such Notice of Offering (notice of which shall be promptly effected in the same manner as such Notice of Offering), (b) the abandonment of the Public Sale Event to which such Notice of Offering relates (notice of which shall be promptly effected in the same manner as such Notice of Offering) and (c) the later of (i) one-hundred fifty (150) days after such a Notice of Offering has been given, provided that the Registration Statement relating to such Notice of Offering has been declared effective within ninety (90) days of such Notice of Offering, and (ii) ninety (90) days after the closing date of the Public Sale Event to which such Notice of Offering relates (except in the case of a Shelf Registration, ninety (90) days after the effectiveness of the Shelf Registration); provided that nothing in this subsection 6.1 shall limit the Company's right to give a Notice of Offering with respect to, and effect, a Company Private Sale Event. Upon the termination of an Effective Notice Period, any Securities Holder so entitled pursuant to subsection 2.1 or the Company can provide a Notice of Offering, provided that if such Notice of Offering is given within twelve (12) months after the end of an Effective Notice Period by the party that gave the immediately preceding Notice of Offering, any other party shall, for the forty-five (45)-day period following its receipt of such Notice of Offering, have the right to preempt such Notice of Offering by itself delivering a Notice of Offering.

Effective Notice Period. Subject to the last sentence of this subsection 6.1, during the term of this Agreement, no priority of right shall exist between or among Securities Holders or between any Securities Holder, on the one hand, and the Company, on the other, with respect to providing a Notice of Offering with respect to, and effecting, a Public Sale Event. Once properly given, a Securities Holder Sale Notice or a Company Sale Notice regarding a Company Public Sale Event, as the case may be, shall be effective (and shall preclude any such Notice of Offering by another party except in accordance with clause (ii) of Section 2.3(b)party) during the period (the "Effective Notice Period") commencing on the date of such Notice of Offering and ending on the earliest of (a) withdrawal of such Notice of Offering (notice of which shall be promptly effected in the same manner as such Notice of Offering), (b) the abandonment of the Public Sale Event to which such Notice of Offering relates (notice of which shall be promptly effected in the same manner as such Notice of Offering) and (c) the later of (i) one-hundred fifty (150) 150 days after such a Notice of Offering has been given, provided that the Registration Statement relating to such Notice of Offering has been declared effective within ninety (90) 90 days of such Notice of Offering, and (ii) ninety (90) 90 days after the closing date of the Public Sale Event to which such Notice of Offering relates (except in the case of a Shelf Registration, ninety (90) days after the effectiveness of the Shelf Registration)relates; provided that nothing in this subsection 6.1 shall limit the Company's right to give a Notice of Offering with respect to, and effect, a Company Private Sale Event. Upon the termination of an Effective Notice Period, any Securities Holder so entitled pursuant to subsection 2.1 or the Company can provide a Notice of Offering, provided that if such Notice of Offering is given within twelve (12) 12 months after the end of an Effective Notice Period by the party that gave the immediately preceding Notice of Offering, any other party shall, for the forty45-five (45)-day day period following its receipt of such Notice of Offering, have the right to preempt such Notice of Offering by itself delivering a Notice of Offering.

Effective Notice Period. (a) Subject to the last sentence of this subsection 6.1subsections 6.1(b) and 6.1(c), during the term of this Agreement, no priority of right shall exist between or among Securities Holders or between any Securities Holder, on the one hand, and the Company, on the other, with respect to providing a Notice of Offering with respect to, and effecting, a Public Sale Event. Once properly given, a Securities Holder Sale Notice or a Company Sale Notice regarding a Company Public Sale Event, as the case may be, shall be effective (and shall preclude any such Notice of Offering by another party except in accordance with clause (ii) of Section 2.3(b)) during the period (the "Effective Notice PeriodEFFECTIVE NOTICE PERIOD") commencing on the date of such Notice of Offering and ending on the earliest of (a) withdrawal of such Notice of Offering (notice of which shall be promptly effected in the same manner as such Notice of Offering), (b) the abandonment of the Public Sale Event to which such Notice of Offering relates (notice of which shall be promptly effected in the same manner as such Notice of Offering) and (c) the later of (i) one-hundred fifty (150) 150 days after such a Notice of Offering has been given, provided PROVIDED that the Registration Statement relating to such Notice of Offering has been declared effective within ninety (90) 90 days of such Notice of Offering, and (ii) ninety (90) 90 days after the closing date of the Public Sale Event to which such Notice of Offering relates relates. (except in the case of a Shelf Registration, ninety (90b) days after the effectiveness of the Shelf Registration); provided that nothing in this subsection 6.1 shall limit the Company's right to give a Notice of Offering with respect to, and effect, a Company Private Sale Event. Upon the termination of an Effective Notice Period, any Securities Holder so entitled pursuant to subsection 2.1 or the Company can provide a Notice of Offering, provided PROVIDED that if such Notice of Offering is given within twelve (12) 12 months after the end of an Effective Notice Period by the party that gave the immediately preceding Notice of Offering, any other party shall, for the forty45-five (45)-day day period following its receipt of such Notice of Offering, have the right to preempt such Notice of Offering by itself delivering a Notice of Offering. (c) Notwithstanding subsection 6.1(a), the Company will have the right to preempt any Demand Registration by delivering a Company Sale Notice (within five Business Days after the Company has received the required Securities Holder Sales Notice) to the Securities Holders indicating that the Company has identified a specific business need and use for the proceeds of the related sale and that the Company shall effect such registration as promptly as practicable. In connection with such registration, the Securities Holders will have such piggyback registration rights as are set forth in Section 3.3 hereof. The Company may exercise the foregoing right to preempt only once in any 360-day period.

Effective Notice Period. Subject to the last sentence of this subsection 6.1, during the term of this Agreement, no priority of right shall exist between or among Securities Holders or between any Securities Holder, on the one hand, and the Company, on the other, with respect to providing a Notice of Offering with respect to, and effecting, a Public Sale Event. Once properly given, a Securities Holder Sale Notice or a Company Sale Notice regarding a Company Public Sale Event, as the case may be, shall be effective (and shall preclude any such Notice of Offering by another party except in accordance with clause (ii) of Section 2.3(b)) during the period (the "Effective Notice Period") commencing on the date of such Notice of Offering and ending on the earliest of (a) withdrawal of such Notice of Offering (notice of which shall be promptly effected in the same manner as such Notice of Offering), (b) the abandonment of the Public Sale Event to which such Notice of Offering relates (notice of which shall be promptly effected in the same manner as such Notice of Offering) and (c) the later of (i) one-hundred fifty (150) 150 days after such a Notice of Offering has been given, provided that the Registration Statement relating to such Notice of Offering has been declared effective within ninety (90) 90 days of such Notice of Offering, and (ii) ninety (90) 90 days after the closing date of the Public Sale Event to which such Notice of Offering relates (except in the case of a Shelf Registration, ninety (90) days after the effectiveness of the Shelf Registration)relates; provided that nothing in this subsection 6.1 shall limit the Company's right to give a Notice of Offering with respect to, and effect, a Company Private Sale Event. Upon the termination of an Effective Notice Period, any Securities Holder so entitled pursuant to subsection 2.1 or the Company can provide a Notice of Offering, provided that if such Notice of Offering is given within twelve (12) 12 months after the end of an Effective Notice Period by the party that gave the immediately preceding Notice of Offering, any other party shall, for the forty45-five (45)-day day period following its receipt of such Notice of Offering, have the right to preempt such Notice of Offering by itself delivering a Notice of Offering.

Effective Notice Period. Subject to the last sentence of this subsection 6.15.1, during the term of this Agreement, no priority of right shall exist between or among Securities Holders or between any Securities Holder, on the one hand, and the Company, on the otherHolders, with respect to providing a Notice of Offering with respect to, and effecting, a Public Sale Event. Once properly given, a Securities Holder Sale Notice or a Company Sale Notice regarding a Company Public Sale Event, as the case may be, shall be effective (and shall preclude any such Notice of Offering by another party except in accordance with clause (ii) of Section 2.3(b)) during the period (the "Effective Notice Period") commencing on the date of such Notice of Offering and ending on the earliest of (a) withdrawal of such Notice of Offering (notice of which shall be promptly effected in the same manner as such Notice of Offering), (b) the abandonment of the Securities Holder Public Sale Event to which such Notice of Offering relates (notice of which shall be promptly effected in the same manner as such Notice of Offering) and (c) the later of (i) one-hundred fifty (150) 150 days after such a Notice of Offering has been given, provided that the Registration Statement relating to such Notice of Offering has been declared effective within ninety (90) 90 days of such Notice of Offering, and (ii) ninety (90) 90 days after the closing date of the Public Sale Event to which such Notice of Offering relates (except in the case of a Shelf Registration, ninety (90) days after the effectiveness of the Shelf Registration); provided that nothing in this subsection 6.1 shall limit the Company's right to give a Notice of Offering with respect to, and effect, a Company Private Sale Eventrelates. Upon the termination of an Effective Notice Period, any Securities Holder so entitled pursuant to subsection 2.1 or the Company can provide a Notice of Offering, provided that if such Notice of Offering is given within twelve (12) 12 months after the end of an Effective Notice Period by the party that gave the immediately preceding Notice of Offering, any other party shall, for the forty45-five (45)-day day period following its receipt of such Notice of Offering, have the right to preempt such Notice of Offering by itself delivering a Notice of Offering.