Common use of Failure To Effect Registration Clause in Contracts

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 days (or 45 days in the case where the Company (1) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission within 10 Trading Days of such receipt, and nevertheless the Commission has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); and (B) with respect to a Registration Failure provided in clause (e) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than 30 days;

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days (or 45 forty-five (45) days in the case where the Company (1) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC within 10 ten (10) Trading Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days;

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days (or 45 sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading ten (10) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a the Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement)) after written notice thereof by Holder to the Company; and (B) with respect to provided that in each case, a Registration Failure provided in clause (e) of the definition of “Registration Failure,” shall be deemed to not have occurred if such Registration Failure occurs and remains uncured for results from a period breach by any holder of more than 30 days;a Registrable Security of its obligations pursuant to Section 4 of the Registration Rights Agreement.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days (or 45 sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days;.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days (or 45 sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading ten (10) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days;.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 sixty (60) days (or 45 ninety (90) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 sixty (60) days;.

Failure To Effect Registration. (A) With respect to all Registration Failures, Failures other than as provided in clause (E) of the definition of “Registration Failure,” a Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days (or 45 sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a the Registration Failure provided in clause (eE) of the definition of “Registration Failure,” such Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days;

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days (or 45 sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days;

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days (or 45 forty-five (45) days in the case where the Company (1) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading Days twenty (20) days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); , and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days;. For the avoidance of doubt, nothing in the immediately preceding sentence shall be construed to increase the obligations of the Company under the definition of “Registration Failure” above.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days (or 45 forty-five (45) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days;.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days (or 45 forty-five (45) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days;.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days (or 45 sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading ten (10) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days;.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days (or 45 forty-five (45) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days;; provided, however, that in no event shall a Registration Failure be deemed to have occurred or be continuing after the expiration of the Registration Period (as defined in the Registration Rights Agreement) or to the extent such failure results from a breach by Holder of its obligations to Section 4 of the Registration Rights Agreement.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 forty-five (45) days (or 45 sixty (60) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading Days twenty (20) days of such receipt, and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days;.

Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days (or 45 forty five (45) days in the case where the Company (1i) has, by the Filing Deadline (as defined the Registration Rights Agreement) filed a Registration Statement (as defined in the Registration Rights Agreement) covering this Warrant and the number of shares required by the Registration Rights Agreement, and (2ii) has responded in writing to any comments to the Registration Statement that the Company has received from the Commission SEC, within 10 Trading seven (7) Business Days of such receiptreceipt (unless the comment requires a change to a previously filed financial statements, in which case the Company will respond diligently within fifteen (15) business days), and nevertheless the Commission SEC has not declared effective a Registration Statement covering the this Warrant and the Warrant Shares by the Registration Deadline (as defined in the Registration Rights Agreement)), and such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); ) and (B) with respect to a Registration Failure provided in clause (eE) of the definition of “Registration Failure,” ”, such Registration Failure occurs and remains uncured for a period of more than 30 thirty (30) days;.