Common use of Filing and Effectiveness of Registration Statements; Certain Defined Terms Clause in Contracts

Filing and Effectiveness of Registration Statements; Certain Defined Terms. The Company has filed with the Commission a registration statement on Form S-3 (No. 333-199955), including a related prospectus or prospectuses and registration statements on Form S-3 filed pursuant to Rule 462(b) of the Rules and Regulations, covering the registration of the Securities under the Act (the “Registration Statement”), which has become effective. “Registration Statement” at any particular time means such registration statement in the form then filed with the Commission, including any amendment thereto, any document incorporated by reference therein and including all 430B Information with respect to such registration statement, that in any case has not been superseded or modified. “Registration Statement” without reference to a time means the Registration Statement as of the Effective Time. For purposes of this definition, 430B Information shall be considered to be included in the Registration Statement as of the time specified in Rule 430B. For purposes of this Agreement:

Filing and Effectiveness of Registration Statements; Certain Defined Terms. The Company has filed with the Commission a two registration statement statements on Form S-3 (File No. 333-199955231925) and Form S-3 (File No. 333-255489), respectively, each including a related prospectus or prospectuses and registration statements on Form S-3 filed pursuant to Rule 462(b) of the Rules and Regulationsprospectuses, covering the registration of the Securities under the Act (the “Registration Statement”)Act, which has have become effective. “Registration StatementStatements” at any particular time means such registration statement statements in the form forms then filed with the Commission, including any amendment thereto, any document incorporated by reference therein and including all 430B Information and all 430C Information with respect to such registration statementstatements, that in any case has have not been superseded or modified. “Registration StatementStatements” without reference to a time means the Registration Statement Statements as of the Effective Applicable Time. For purposes of this definition, 430B Information shall be considered to be included in the Registration Statement Statements as of the time specified in Rule 430B. For purposes of this Agreement: