Common use of Limitation on Company's Obligation Clause in Contracts

Limitation on Company's Obligation. Notwithstanding anything in this Section 2A to the contrary, but in all events subject to the provisions of Section 2A(f) hereof, the Company shall not be obligated to effect any registration pursuant to Sections 2A and 3: (1) if Form S-3, or any successor or substitute form, is not then available for the registration of such Registrable Shares proposed to be sold and distributed by such Investor or Investors; (2) if such Investor or Investors, together with the holders of any other securities of the Company entitled to inclusion in such registration, propose to sell Registrable Shares and such other securities (if any) at an aggregate price to the public of less than $750,000; or (3) if the Company shall furnish to the Investors a certificate signed by the President and Chief Executive Officer of the Company stating that the Board has made the good faith determination that a registration would require premature disclosure of material, nonpublic information concerning the Company, its business or prospects, that such premature disclosure would be materially adverse to the Company and that it is therefore essential to suspend or defer such registration, then the Company shall have the right either to suspend the use of an effective registration statement or defer the filing of a registration statement for a period of not more than ninety (90) days (the "Deferral Period"); provided, however, that the Company may not utilize this right more than once with respect to each registration request (or registration statement filed as a result of a request) made pursuant to, and in accordance with, Section 2A(a) hereof. If the Board makes the determination described in the preceding sentence, the Company shall give written notice of such determination to the holders of Registrable Shares. The Company shall notify the holders of the expiration of the Deferral Period and shall, if such registration statement requested pursuant to Section 2A(a) hereof has not yet been filed, cause the registration statement with respect to the Demand Registration to be filed on the fifth (5th) business day following the expiration of the Deferral Period (the "Withdrawal Period") (or, if registration on such date is not practicable, as promptly as possible thereafter) unless, prior to the expiration of the Withdrawal Period, the holders holding a majority of Registrable Shares to be included in any such Demand Registration not yet filed, by written notice to the Company, withdraws the request made under Section 2(a), in which case, such request shall not count as one of the Demand Registrations permitted hereunder and the Company shall pay all expenses in connection with such registration theretofor incurred in accordance with Section 6 herein.

Limitation on Company's Obligation. Notwithstanding anything in this Section 2A 2 to the contrary, but in all events subject to the provisions of Section 2A(f2(g) hereof, the Company shall not be obligated to effect any registration pursuant to Sections 2A 2 and 33 hereof: (1) if Form S-3, or any successor or substitute form, is not then available for the registration of such Registrable Shares proposed to be sold and distributed by such Investor or Investors; (2) if such Investor or Investors, together with the holders of any other securities of the Company entitled to inclusion in such registration, propose to sell Registrable Shares and such other securities (if any) at an aggregate price to the public of less than $750,000500,000; or (32) if the Company shall furnish to the Investors a certificate signed by the President and Chief Executive Officer of the Company stating that the Board has made the good faith determination that a registration would require premature disclosure of material, nonpublic information concerning the Company, its business or prospects, that such premature disclosure would be materially adverse to the Company and that it is therefore essential to suspend or defer such registration, then that the Company shall have the right either to suspend the use of an effective registration statement or defer the filing of a registration statement for a period of not more than ninety (90) days (the "Deferral Period"); provided, however, that the Company may not utilize this right more than once with respect to each registration request (or registration statement filed as a result of a request) made pursuant to, and in accordance with, with this Section 2A(a) hereof2. If the Board makes the determination described in the preceding sentence, the Company shall give written notice of such determination to the holders of Registrable Shares. The Company shall notify the holders of the expiration of the Deferral Period and shall, if such registration statement requested pursuant to Section 2A(a2(a) hereof has not yet been filed, cause the registration statement with respect to the Demand Registration to be filed on the fifth (5th) business day following the expiration of the Deferral Period (the "Withdrawal Period") (or, if registration on such date is not practicable, as promptly as possible thereafter) unless, prior to the expiration of the Withdrawal Period, the holders holding a majority of Registrable Shares to be included in any such Demand Registration not yet filed, by written notice to the Company, withdraws withdraw the request made under Section 2(a), in which case, such request shall not count as one of the Demand Registrations permitted hereunder and the Company shall pay all expenses in connection with such registration theretofor incurred in accordance with Section 6 hereinhereof.

Limitation on Company's Obligation. Notwithstanding anything in this Section 2A 2 to the contrary, but in all events subject to the provisions of Section 2A(f2(f) hereof, the Company shall not be obligated to effect any registration pursuant to Sections 2A 2 and 33 hereof: (1) if Form S-3, or any successor or substitute form, is not then available for the registration of such Registrable Shares proposed to be sold and distributed by such Investor or Investors; (2) if such Investor or Investors, together with the holders of any other securities of the Company entitled to inclusion in such registration, propose to sell Registrable Shares and such other securities (if any) at an aggregate price to the public of less than $750,000; or (32) if the Company shall furnish to the Investors a certificate signed by the President and Chief Executive Officer of the Company stating that the Board has made the good faith determination that a registration would require premature disclosure of material, nonpublic information concerning the Company, its business or prospects, that such premature disclosure would be materially adverse to the Company and that it is therefore essential to suspend or defer such registration, then that the Company shall have the right either to suspend the use of an effective registration statement or defer the filing of a registration statement for a period of not more than ninety (90) days (the "Deferral Period"); provided, however, that the Company may not utilize this right more than once with respect to each registration request (or registration statement filed as a result of a request) made pursuant to, and in accordance with, Section 2A(a) 2 hereof. If the Board makes the determination described in the preceding sentence, the Company shall give written notice of such determination to the holders of Registrable Shares. The Company shall notify the holders of the expiration of the Deferral Period and shall, if such registration statement requested pursuant to Section 2A(a2(a) hereof has not yet been filed, cause the registration statement with respect to the Demand Registration to be filed on the fifth (5th) business day following the expiration of the Deferral Period (the "Withdrawal Period") (or, if registration on such date is not practicable, as promptly as possible thereafter) unless, prior to the expiration of the Withdrawal Period, the holders holding a majority of Registrable Shares to be included in any such Demand Registration not yet filed, by written notice to the Company, withdraws withdraw the request made under Section 2(a), in which case, such request shall not count as one of the Demand Registrations permitted hereunder and the Company shall pay all expenses in connection with such registration theretofor incurred in accordance with Section 6 herein.