Common use of Establishment of a Black Out Period Clause in Contracts

Establishment of a Black Out Period. During the Commitment Period, the Company from time to time may suspend the use of the Registration Statement by written notice to the Investor in the event that the Company (a) determines in its sole discretion in good faith that such suspension is necessary to amend or supplement the Registration Statement or Prospectus so that such Registration Statement or Prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; or (b) has filed any amendments (including post-effective amendments) to a Registration Statement which are required to be filed pursuant to this Agreement (including pursuant to Section 6.01(d) by reason of the Company’s filing a report on Form 20-F, or Form 6-K or any analogous report under the Exchange Act) that have not been declared effective by the SEC (each, a “Black Out Period”).