Information Blackout. (a) Upon written notice from the Company to the Holders that the Company has determined in good faith that the sale of Registrable Securities pursuant to a Registration Statement would require disclosure of non-public material information not otherwise required to be disclosed under applicable law (A) which disclosure would have a material adverse effect on the Company or (B) relating to a material business transaction involving the Company (an “Information Blackout”), the Company may postpone the effectiveness of any Registration Statement required hereunder and, if such Registration Statement has become effective, the Company shall not be required to maintain the effectiveness of such Registration Statement and all Holders shall suspend sales of Registrable Securities pursuant to such Registration Statement, in each case, until the earlier of:
(i) forty-five (45) days after the Company makes such good faith determination, and
(ii) such time as the Company notifies the Holders that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such Registration Statement may otherwise be resumed (the number of days from such notice from the Company until the day when the Information Blackout terminates hereunder is hereinafter called a “Blackout Period”).
(b) Any delivery by the Company of notice of an Information Blackout during the forty-five (45) days immediately following effectiveness of any Registration Statement effected pursuant to Section 2.01 hereof shall give the Holders of a majority in aggregate amount of Registrable Securities being sold the right, by written notice to the Company within twenty (20) Business Days after the end of such Blackout Period, to cancel such registration.
(c) Notwithstanding the foregoing, there shall be no more than two (2) Information Blackouts during any calendar year and no Blackout Period shall continue for more than forty-five (45) consecutive days.
Information Blackout. (a) At any time when a registration statement effected pursuant to this Agreement relating to Registrable Securities is effective, upon written notice from the Company to the Holders that the Company has determined in good faith that sale of Registrable Securities pursuant to the registration statement would require disclosure of non-public material information not otherwise required to be disclosed under applicable law (an "Information Blackout"), all Holders shall suspend sales of Registrable Securities pursuant to such registration statement until the earlier of:
(i) thirty (30) days after the Company makes such good faith determination; and
(ii) such time as the Company notifies the Holders that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such registration statement may otherwise be resumed (the number of days from such suspension of sales by the Holders until the day when such sale may be resumed hereunder is hereinafter called a "Sales Blackout Period").
(b) Notwithstanding the foregoing, there shall be no more than two (2) Information Blackouts during the term of this Agreement and no Sales Blackout Period shall continue for more than thirty (30) consecutive days.
Information Blackout. At any time when a registration statement effected pursuant to this Section 2 relating to Registrable Securities is effective, upon written notice from the Trust to the Investor that the Trust has determined in good faith that sale of Registrable Securities pursuant to the registration statement would require disclosure by the Trust of non-public material information not otherwise required, in the judgment of the Trust, to be disclosed under applicable law, the Investor shall suspend sales of Registrable Securities pursuant to such registration statement until the earlier of (a) 45 days after the Trust makes such good faith determination and (b) such time as the Trust notifies the Investor that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such registration statement may otherwise be resumed.
Information Blackout. At any time when a Registration Statement effected pursuant to Section 2 relating to Restricted Stock is effective, upon written notice from the Company to the Holder that the Company has determined in good faith that sale of Restricted Stock pursuant to the Registration Statement would require disclosure of non-public material information, the Holder shall suspend sales of Restricted Stock pursuant to such Registration Statement until such time as the Company notifies the Holder that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such Registration Statement may otherwise be resumed.
Information Blackout. (a) At any time when a Registration Statement is effective, upon written notice from the Company to the Holders that the Company has determined in good faith that sale of Registrable Securities pursuant to the Registration Statement would require disclosure of non-public material information, the disclosure of which would have a material adverse effect on the Company, all Holders shall suspend sales of Registrable Securities pursuant to such Registration Statement until the earlier of (1) 90 days after the Company notifies the Holders of such good faith determination, and (2) such time as the Company notifies the Holders that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such Registration Statement may otherwise be resumed (the number of days from such suspension of sales by the Holders until the day when such sales may be resumed hereunder is hereinafter called a "Sales Blackout Period").
(b) The time period set forth in Section 6(a)(1) or (2) shall be extended for a number of days equal to the number of days in the Sales Blackout Period.
(c) No Sales Blackout Period shall be commenced by the Company within 60 days after the end of a Sales Blackout Period.
Information Blackout. Upon written notice from the Company to Holder that the Company has determined in good faith that sale of Eligible Securities pursuant to the registration statement would require disclosure of non-public material information not otherwise required to be disclosed under applicable law, the Company may postpone the filing or effectiveness of any registration statement hereunder and, if such registration statement has become effective, the Company shall not be required to maintain the effectiveness of such registration statement and a Holder shall suspend sales of Eligible Securities pursuant to such registration statement, in each case, until such time as the Company notifies the Holder that such information has been disclosed to the public or that sales pursuant to such registration statement may otherwise be resumed.
Information Blackout. Notwithstanding anything in this Agreement to the contrary, at any time when a Registration Statement or supplement to the Prospectus effected pursuant to Section 8.1 relating to Registrable Securities is effective, upon written notice from the Company to the holders of Registrable Securities that the Company has determined in good faith that offers, sales or resales of Registrable Securities pursuant to the Registration Statement or supplement to the Prospectus, as applicable, would require disclosure by the Company of material non-public information not otherwise required, in the judgment of the Company, to be disclosed under applicable law, the holders of Registrable Securities shall suspend sales of Registrable Securities pursuant to such Registration Statement or supplement to the Prospectus, as applicable, until the earlier of (a) 60 days after the Company makes such good faith determination and (b) such time as the Company notifies the holders of Registrable Securities that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such Registration Statement or supplement to the Prospectus, as applicable, may otherwise be resumed; provided, however, that the Company shall be entitled to suspend sales of Registrable Securities under this Section 8.4 for a period of no more than 20 Trading Days at a time and not more than three times in any twelve-month period.
Information Blackout. (a) At any time when a registration statement effected pursuant to paragraph 2 relating to Restricted Stock is effective, upon written notice from the Company to the Holders that the Company has determined in good faith that sale of Restricted Stock pursuant to the registration statement would require disclosure of non-public material information, all Holders shall suspend sales of Restricted Stock pursuant to such Registration Statement until the earlier of:
(i) thirty (30) days after the Company makes such good faith determination, and
(ii) such time as the Company notifies the Holders that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such registration statement may otherwise be resumed.
Information Blackout. At any time when a registration statement relating to Registrable Securities is effective, upon written notice from the Company to Holders that the Company has determined in good faith that sale of Registrable Securities pursuant to the registration statement would require disclosure of non-public material information having an adverse effect on the Company (an "Information Blackout"), Holders shall suspend sales of Registrable Securities pursuant to such registration statement until the earlier of:
(i) 60 days after the Company makes such good faith determination, and
(ii) such time as the Company notifies the Holders that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such registration statement may otherwise be resumed (the number of days from such suspension of sales by the Holders until the day when such sale may be resumed hereunder is hereinafter called a "Sales Blackout Period").
Information Blackout. At any time when a Registration Statement effected pursuant to Section 2 hereof relating to Registrable Securities is effective:
2.3.2.1. upon written notice from the Trust to the holders of Registrable Securities that the Trust has determined in good faith that offers, sales or resales of Registrable Securities pursuant to the Registration Statement would require disclosure by the Trust of non-public material information not otherwise required, in the judgment of the Trust, to be disclosed under applicable law, the holders of Registrable Securities shall suspend sales of Registrable Securities pursuant to such Registration Statement until the earlier of (a) 45 days after the Trust makes such good faith determination and (b) such time as the Trust notifies the holders of Registrable Securities that such material information has been disclosed to the public or has ceased to be material or that sales pursuant to such Registration Statement may otherwise be resumed; provided, however, that the Trust shall not be entitled to suspend sales of Registrable Securities under this Section 2.3.2.1 (i) more than three (3) times in any period of 360 days or (ii) more than 100 days in the aggregate in any period of 360 consecutive days; and
2.3.2.2. so long as the Investor has the right to designate a member for the Board of Trustee of the Trust, the Investor shall suspend sales of Registrable Securities pursuant to such Registration Statement during the pendency of any blackout applicable to the trading in securities of the Trust under the Trust’s policies or otherwise until the termination of any such blackout period.
