Common use of Facilitation of Sales Pursuant to Rule 144 Clause in Contracts

Facilitation of Sales Pursuant to Rule 144. The Company shall use reasonable efforts to (i) timely file the reports required to be filed by it under the Exchange Act or the Securities Act (including the reports under Sections 13 and 15(d) of the Exchange Act referred to in subparagraph (c)(1) of Rule 144) and submit all required Interactive Data Files (as defined in Rule 11 of Regulation S-T of the Commission), (ii) for as long as any Purchaser or its Affiliates or any lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock issued or issuable upon conversion thereof, make and keep public information available, as those terms are understood and defined in Rule 144, and (iii) take such further necessary action as any holder of Subject Securities may reasonably request in connection with the removal of any restrictive legend on the Subject Securities being sold, all to the extent required from time to time to enable such holder to sell the Subject Securities without registration under the Securities Act within the limitations of the exemption provided by Rule 144.

Facilitation of Sales Pursuant to Rule 144. The Company shall use reasonable efforts to (i) timely file the reports required to be filed by it under the Exchange Act or the Securities Act (including the reports under Sections 13 and 15(d) of the Exchange Act referred to in subparagraph (c)(1) of Rule 144) and submit all required Interactive Data Files (as defined in Rule 11 of Regulation S-T of the Commission), (ii) for as long as any Purchaser or its Affiliates Affiliates, or any financial institution pursuant to a Permitted Debt Financing Transaction or any lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock issued or issuable upon conversion thereof, make and keep public information available, as those terms are understood and defined in Rule 144, and (iii) take such further necessary action as any holder Holder of Subject Securities may reasonably request in connection with the removal of any restrictive legend on the Subject Securities being sold, all to the extent required from time to time to enable such holder Holder to sell the Subject Securities without registration under the Securities Act within the limitations of the exemption provided by Rule 144.144.‌

Facilitation of Sales Pursuant to Rule 144. The For as long as the Purchaser or its Affiliates or any lender under any Permitted Loan Beneficially Owns any shares of Series A Preferred Stock or any Company Common Stock issued or issuable upon conversion or exercise thereof, to the extent it shall be required to do so under the Exchange Act, the Company shall use reasonable efforts to (i) timely file the reports required to be filed by it under the Exchange Act or the Securities Act (including the reports under Sections 13 and 15(d) of the Exchange Act referred to in subparagraph (c)(1) of Rule 144) and submit all required Interactive Data Files (as defined in Rule 11 of Regulation S-T of the CommissionSEC), (ii) for as long as any Purchaser or its Affiliates or any lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock issued or issuable upon conversion thereof, make and keep public information available, as those terms are understood and defined in Rule 144, and (iii) shall use reasonable efforts to take such further necessary action as any holder of Subject Registrable Securities may reasonably request in connection with the removal of any restrictive legend on the Subject Registrable Securities being sold, all to the extent required from time to time to enable such holder to sell the Subject Registrable Securities without registration under the Securities Act within the limitations of the exemption provided by Rule 144.

Facilitation of Sales Pursuant to Rule 144. The For as long as the Purchaser or its Affiliates or any Lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock, including any shares of Company Common Stock issued or issuable upon conversion of the Notes, to the extent it shall be required to do so under the Exchange Act, the Company shall use reasonable efforts to (i) timely file the reports required to be filed by it under the Exchange Act or the Securities Act (including the reports under Sections 13 and 15(d) of the Exchange Act referred to in subparagraph (c)(1) of Rule 144) and submit all required Interactive Data Files (as defined in Rule 11 of Regulation S-T of the Commission), (ii) for as long as any Purchaser or its Affiliates or any lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock issued or issuable upon conversion thereof, make and keep public information available, as those terms are understood and defined in Rule 144, and (iii) shall use reasonable efforts to take such further necessary action as any holder of Subject Securities may reasonably request in connection with the removal of any restrictive legend on the Subject Securities being sold, all to the extent required from time to time to enable such holder to sell the Subject Securities without registration under the Securities Act within the limitations of the exemption provided by Rule 144.

Facilitation of Sales Pursuant to Rule 144. The For as long as the Purchaser or its Affiliates or any lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock, including any shares of Company Common Stock issued or issuable upon conversion of the Notes, to the extent it shall be required to do so under the Exchange Act, the Company shall use reasonable efforts to (i) timely file the reports required to be filed by it under the Exchange Act or the Securities Act (including the reports under Sections 13 and 15(d) of the Exchange Act referred to in subparagraph (c)(1) of Rule 144) and submit all required Interactive Data Files (as defined in Rule 11 of Regulation S-T of the CommissionSEC), (ii) for as long as any Purchaser or its Affiliates or any lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock issued or issuable upon conversion thereof, make and keep public information available, as those terms are understood and defined in Rule 144, and (iii) shall use reasonable efforts to take such further necessary action as any holder of Subject Securities may reasonably request in connection with the removal of any restrictive legend on the Subject Securities being sold, all to the extent required from time to time to enable such holder to sell the Subject Securities without registration under the Securities Act within the limitations of the exemption provided by Rule 144.

Facilitation of Sales Pursuant to Rule 144. The Company shall use reasonable efforts to (i) timely file the reports required to be filed by it under the Exchange Act or the Securities Act (including the reports under Sections 13 and 15(d) of the Exchange Act referred to in subparagraph (c)(1) of Rule 144) and submit all required Interactive Data Files (as defined in Rule 11 of Regulation S-T of the Commission), (ii) for as long as any Purchaser or its Affiliates Affiliates, or any financial institution pursuant to a Permitted Debt Financing Transaction or any lender for any Permitted Loan Beneficially Owns Notes or any Company Common Stock issued or issuable upon conversion thereof, make and keep public information available, as those terms are understood and defined in Rule 144, and (iii) take such further necessary action as any holder Holder of Subject Securities may reasonably request in connection with the removal of any restrictive legend on the Subject Securities being sold, all to the extent required from time to time to enable such holder Holder to sell the Subject Securities without registration under the Securities Act within the limitations of the exemption provided by Rule 144.