Common use of For the Company and Others Clause in Contracts

For the Company and Others. If the Company receives a request for registration pursuant to an underwritten offering of Registrable Securities pursuant to Section 2.1 or 2.2 or if a shelf take-down is being undertaken, and if such a request is being implemented or has not been withdrawn or abandoned, the Company agrees that (i) the Company shall not effect any public or private offer, sale, distribution or other disposition of any Registrable Securities or Convertible Securities or effect any registration of any of its Equity Interests under the Securities Act (in each case, other than (u) as part of such registration, (v) any Equity Interests issued by the Company upon the exercise of an option or warrant or the conversion of an Equity Interest, but only to the extent that (A) such option, warrant or Equity Interest was outstanding on the date hereof or (B) the grant or issuance of such option, warrant or Equity Interest received the Requisite Approval, (w) any Equity Interests issued or granted pursuant to equity incentive plans, including any non-employee director stock plan, the adoption of which plan received the Requisite Approval and which issuance or grant received the Requisite Approval; (x) any Equity Interests issued pursuant to any dividend reinvestment plan, the adoption of which plan received the Requisite Approval; (y) the filing by the Company of any registration statement on Form S-8 or a successor form thereto; and (z) any Equity Interests issued in connection with a transaction that includes a commercial relationship (including joint ventures or other strategic acquisitions), which transaction received the Requisite Approval), whether or not for sale for its own account, during the period beginning on the date the Company receives such request and ending one hundred eighty (180) days after the effective date of such registration in the case of the Initial Public Offering or ninety (90) days after the effective date of such registration in the case of any other underwritten Public Offering, plus, in each case, any customary extension periods (or such shorter period as the managing underwriter(s) may require), and (ii) the Company shall use its reasonable best efforts to obtain from each of its officers, directors and Persons who Beneficially Own five percent (5%) or more of the Company’s Equity Interests, an agreement not to effect any public or private offer, sale, distribution or other disposition of Equity Interests of the Company, or any Equity Interests of the Company that are convertible into or exchangeable or exercisable for other Equity Interests of the Company, including a sale pursuant to Rule 144, during the one hundred eighty (180) day period in the case of an Initial Public Offering (or such shorter period as the managing underwriter(s) may require), or the ninety (90) day period in the case of any other underwritten Public Offering (or such shorter period as the managing underwriter(s) may require), in each case beginning on the effective date of such registration statement.

For the Company and Others. If the Company receives a request for registration pursuant to an underwritten offering of Registrable Securities pursuant to Section 2.1 or 2.2 or if a shelf take-down is being undertaken2.2, and if such a request is being implemented or has not been withdrawn or abandoned, the Company agrees that (i) the Company shall not effect any public or private offer, sale, distribution or other disposition of any Registrable Securities of its equity securities or Convertible Securities of any security convertible into or exchangeable or exercisable for any equity security of the Company or effect any registration of any of its Equity Interests such securities under the Securities Act (in each case, other than (ux) as part of such registration, (vy) any Equity Interests issued by the Company upon the exercise of an option or warrant or the conversion of an Equity Interest, but only grants to employees pursuant to the extent that (A) such optionCompany’s 2007 Stock Option Plan, warrant or Equity Interest was outstanding on the date hereof or (B) the grant or issuance of such option, warrant or Equity Interest which grants received the Requisite ApprovalApproval or the approval of the Board (or a committee thereof), (w) including the approval of at least one NMP Director, or the grant of other rights under any Equity Interests issued or granted pursuant to other equity incentive plans, including any non-employee director stock plan, the adoption of which plan received the Requisite Approval and which issuance or grant grants received the Requisite Approval; Approval or the approval of the Board (x) any Equity Interests issued pursuant to any dividend reinvestment plan, the adoption of which plan received the Requisite Approval; (y) the filing by the Company of any registration statement on Form S-8 or a successor form thereto; committee thereof), including the approval of at least one NMP Director, and (z) as a registration using Form S-8 or any Equity Interests issued successor or similar form which is then in connection with a transaction that includes a commercial relationship (including joint ventures or other strategic acquisitions), which transaction received the Requisite Approvaleffect), whether or not for sale for its own account, during the period beginning on the date the Company receives such request and ending one hundred eighty (180) until 180 days after the effective date of such registration in the case of the Initial Public Offering or ninety (90) days after the effective date of such registration in the case of any other underwritten Public Offering, plus, in each case, any customary extension periods (or such shorter period as the managing underwriter(s) may require), ) and (ii) the Company shall use its reasonable best efforts to obtain from each of its officers, directors and Persons who Beneficially Own five percent (Beneficial Owners of 5%) % or more of the Company’s Equity InterestsCommon Stock, an agreement not to effect any public or private offer, sale, distribution or other disposition of Equity Interests Common Stock or Convertible Securities during the period referred to in clause (i) of this paragraph. The Company agrees to cause each Beneficial Owner of Common Stock or Convertible Securities purchased or otherwise acquired from the Company (other than in a public offering) at any time after the date of this Agreement to agree not to effect any public or private offer, sale, distribution or other disposition of any such securities during the period referred to in clause (i) of the Company, or any Equity Interests of the Company that are convertible into or exchangeable or exercisable for other Equity Interests of the Company, including a sale pursuant to Rule 144, during the one hundred eighty (180) day period in the case of an Initial Public Offering (or such shorter period as the managing underwriter(s) may require), or the ninety (90) day period in the case of any other underwritten Public Offering (or such shorter period as the managing underwriter(s) may require), in each case beginning on the effective date of such registration statementpreceding sentence.

For the Company and Others. If the Company receives a request for registration pursuant to an underwritten offering of Registrable Securities pursuant to Section 2.1 or 2.2 or if a shelf take-down is being undertakenhereof, and if such a request is being implemented or has not been withdrawn or abandoned, the Company agrees that (i) the Company shall not effect any public or private offer, sale, distribution or other disposition of any Registrable Securities of its equity securities or Convertible Securities of any security convertible into or exchangeable or exercisable for any equity security of the Company or effect any registration of any of its Equity Interests such securities under the Securities Act (in each case, other than (ux) option grants to employees pursuant to the Company’s option plan, (y) as part of such registration, (v) any Equity Interests issued by the Company upon the exercise of an option or warrant or the conversion of an Equity Interest, but only to the extent that (A) such option, warrant or Equity Interest was outstanding on the date hereof or (B) the grant or issuance of such option, warrant or Equity Interest received the Requisite Approval, (w) any Equity Interests issued or granted pursuant to equity incentive plans, including any non-employee director stock plan, the adoption of which plan received the Requisite Approval and which issuance or grant received the Requisite Approval; (x) any Equity Interests issued pursuant to any dividend reinvestment plan, the adoption of which plan received the Requisite Approval; (y) the filing by the Company of any registration statement on Form S-8 or a successor form thereto; and (z) as a registration using Form S-8 or any Equity Interests issued successor or similar form which is then in connection with a transaction that includes a commercial relationship (including joint ventures or other strategic acquisitions), which transaction received the Requisite Approvaleffect), whether or not for sale for its own account, during the period beginning on the date the Company receives such request and ending one hundred eighty (180) until 90 days after the effective date of such registration in the case of the Initial Public Offering or ninety (90) days after the effective date of such registration in the case of any other underwritten Public Offering, plus, in each case, any customary extension periods (or such shorter period as the managing underwriter(s) may require), ) and (ii) the Company shall use its reasonable best efforts to obtain from each of its officers, directors and Persons who Beneficially Own five percent (beneficial owners of 5%) % or more of the Company’s Equity InterestsCommon Stock, an agreement not to effect any public or private offer, sale, distribution or other disposition of Equity Interests of the CompanyCommon Stock, or any Equity Interests of the Company securities that are convertible into or exchangeable or exercisable for other Equity Interests Common Stock, during the period referred to in clause (i) of the Companythis paragraph, including including, without limitation, a sale pursuant to Rule 144144 under the Securities Act, The Company agrees to cause each holder of Common Stock, or any securities that are convertible or exchangeable or exercisable for Common Stock, purchased or otherwise acquired from the Company (other than in a public offering) at any time after the date of this Agreement to agree not to effect any public or private offer, sale, distribution or other disposition of any such securities during the one hundred eighty period referred to in clause (180i) day period in of the case of an Initial Public Offering (or such shorter period as preceding sentence, including, without limitation, a sale pursuant to Rule 144 under the managing underwriter(s) may require), or the ninety (90) day period in the case of any other underwritten Public Offering (or such shorter period as the managing underwriter(s) may require), in each case beginning on the effective date of such registration statement.Securities Act

For the Company and Others. If the Company receives a request for registration pursuant to an underwritten offering of Registrable Securities pursuant to Section 2.1 or 2.2 or if a shelf take-down is being undertaken2.2, and if such a request is being implemented or has not been withdrawn or abandoned, the Company agrees that (i) the Company shall not effect any public or private offer, sale, distribution or other disposition of any Registrable Securities of its equity securities or Convertible Securities of any security convertible into or exchangeable or exercisable for any equity security of the Company or effect any registration of any of its Equity Interests such securities under the Securities Act (in each case, other than (ux) as part of such registration, (vy) any Equity Interests issued by option grants to employees pursuant to the Company upon the exercise of an option or warrant Company’s 2007 Stock Option Plan or the conversion of an Equity Interest2010 Stock Option Plan, but only to the extent that (A) such option, warrant or Equity Interest was outstanding on the date hereof or (B) the grant or issuance of such option, warrant or Equity Interest which grants received the Requisite ApprovalApproval or the approval of the Board (or a committee thereof), including the approval of at least one NMP Director (w) provided at least one NMP Director is a member of the Board), or the grant of other rights under any Equity Interests issued or granted pursuant to other equity incentive plans, including any non-employee director stock plan, the adoption of which plan received the Requisite Approval and which issuance or grant grants received the Requisite Approval; , or the approval of the Board (x) any Equity Interests issued pursuant to any dividend reinvestment plan, the adoption of which plan received the Requisite Approval; (y) the filing by the Company of any registration statement on Form S-8 or a successor form thereto; committee thereof), including the approval of at least one NMP Director (provided at least one NMP Director is a member of the Board), and (z) as a registration using Form S-8 or any Equity Interests issued successor or similar form which is then in connection with a transaction that includes a commercial relationship (including joint ventures or other strategic acquisitions), which transaction received the Requisite Approvaleffect), whether or not for sale for its own account, during the period beginning on the date the Company receives such request and ending one hundred eighty (180) until 180 days after the effective date of such registration in the case of the Initial Public Offering or ninety (90) days after the effective date of such registration in the case of any other underwritten Public Offering, plus, in each case, any customary extension periods (or such shorter period as the managing underwriter(s) may require), ) and (ii) the Company shall use its reasonable best efforts to obtain from each of its officers, directors and Persons who Beneficially Own five percent (Beneficial Owners of 5%) % or more of the Company’s Equity InterestsCommon Stock, an agreement not to effect any public or private offer, sale, distribution or other disposition of Equity Interests Common Stock or Convertible Securities during the period referred to in clause (i) of this paragraph. The Company agrees to cause each Beneficial Owner of Common Stock or Convertible Securities purchased or otherwise acquired from the Company (other than in a public offering) at any time after the date of this Agreement to agree not to effect any public or private offer, sale, distribution or other disposition of any such securities during the period referred to in clause (i) of the Company, or any Equity Interests of the Company that are convertible into or exchangeable or exercisable for other Equity Interests of the Company, including a sale pursuant to Rule 144, during the one hundred eighty (180) day period in the case of an Initial Public Offering (or such shorter period as the managing underwriter(s) may require), or the ninety (90) day period in the case of any other underwritten Public Offering (or such shorter period as the managing underwriter(s) may require), in each case beginning on the effective date of such registration statementpreceding sentence.