Common use of Events Requiring Notice to the Representative Clause in Contracts

Events Requiring Notice to the Representative. The Company will notify the Representative promptly and confirm the notice in writing: (i) of the effectiveness of any amendment to the Registration Statement, (ii) of the issuance by the Commission of any stop order or of the initiation, or the threatening, of any proceeding for that purpose; (iii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Securities for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose; (iv) of the receipt of any comments to the Registration Statement or any amendment thereto or request for any additional information from the Commission relating to the Registration Statement, Prospectus or the Offering contemplated thereby; and (v) of the happening of any event prior to the later of (a) the termination of the period when a prospectus relating to the Firm Shares is required to be delivered under the Act and (b) the earlier of (1) 45 days after the Effective Date and (2) the Option Closing Date, that, in the judgment of the Company, makes any statement of a material fact made in the Registration Statement or the Prospectus untrue or that requires the making of any changes in the Registration Statement or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification at any time, the Company will make every reasonable effort to promptly obtain the lifting of such order.

Events Requiring Notice to the Representative. The Company will shall notify the Representative promptly immediately and confirm the notice in writing: (i) of the effectiveness of the Registration Statement and any amendment to the Registration Statement, thereto; (ii) of the issuance by the Commission of any stop order or of the initiation, or the threatening, of any proceeding for that purpose; (iii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Securities Shares for offering or sale in any jurisdiction or of the initiation, or the threatening, of any proceeding for that purpose; (iv) of the receipt mailing and delivery to the Commission for filing of any comments amendment or supplement to the Registration Statement or Prospectus; (v) of the receipt of any amendment thereto comments or request for any additional information from the Commission relating to the Registration Statement, Prospectus or the Offering contemplated therebyCommission; and (vvi) of the happening of any event prior to the later of (a) the termination of during the period when a prospectus relating to the Firm Shares is required to be delivered under the Act and (b) the earlier of (1) 45 days after the Effective Date and (2) the Option Closing Date, described in this Section 3.5 that, in the judgment of the Company, makes any statement of a material fact made in the Registration Statement Statement, the Time of Sale Disclosure Package or the Prospectus untrue or that requires the making of any changes in (a) the Registration Statement in order to make the statements therein not misleading, or (b) in the Time of Sale Disclosure Package or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification at any time, the Company will shall make every reasonable effort to obtain promptly obtain the lifting of such order.

Events Requiring Notice to the Representative. The During the period when a prospectus relating to the Shares is (or, but for the exception afforded by Rule 172, would be) required by the Securities Act to be delivered in connection with sales of the Shares, the Company will shall notify the Representative promptly immediately and confirm the notice in writing: (i) of the effectiveness of any amendment to the Registration Statement, (ii) of the issuance by the Commission of any stop order or of the initiation, or to the Company’s knowledge, the threatening, of any proceeding for that purpose; (iiiii) of the issuance by any state securities commission of any proceedings for the suspension of the qualification of the Securities Shares for offering or sale in any jurisdiction or of the initiation, or to the Company’s knowledge, the threatening, of any proceeding for that purpose; (iii) of the delivery to the Commission for filing of any amendment or supplement to the Prospectus; (iv) of the receipt of any comments to the Registration Statement or any amendment thereto or request for any additional information from the Commission relating related to the Registration Statement, Prospectus or the Offering contemplated therebyProspectus; and (v) of the happening of any event prior to the later of (a) the termination of during the period when a prospectus relating to the Firm Shares is required to be delivered under the Act and (bdescribed in this Section 3(e) the earlier of (1) 45 days after the Effective Date and (2) the Option Closing Date, that, in the judgment of the Company, makes any statement of a material fact made in the Registration Statement Pricing Disclosure Package or the Prospectus untrue or that requires the making of any changes in in the Registration Statement Pricing Disclosure Package or the Prospectus in order to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Commission or any state securities commission shall enter a stop order or suspend such qualification at any time, the Company will make every shall use its commercially reasonable effort efforts to obtain promptly obtain the lifting of such order.