Common use of Limitations on Form S-3 Registration Clause in Contracts

Limitations on Form S-3 Registration. The Company shall not be obligated to effect, or take any action to effect, any such registration pursuant to this Section 2.3: (i) In the circumstances described in either Sections 2.1(b)(i) or 2.1(b)(ii); (ii) If, in a given twelve-month period, the Company has effected two such registrations in such period; (iii) If Form S-3 (or any successor or similar form) is not available for such offering by such Holders; or (iv) If within ten (10) business days of receipt of a written request from the Holders pursuant to this Section 2.3, the Company gives notice to the Holders of the Company’s intention to file a registration statement covering the sale of Common Stock for the account of the Company within ninety (90) days and the Company is actively employing its good faith reasonable efforts to cause such registration statement to become effective; provided that such right to delay a request shall be exercised by the Company not more than twice in any twelve (12) month period.

Limitations on Form S-3 Registration. The Company shall not be obligated to effect, or take any action to effect, any such registration pursuant to this Section 2.3: (i) In the circumstances described in either Sections 2.1(b)(i) or 2.1(b)(ii); (ii) If, in a given twelve-month period, the Company has effected two such registrations registration in such period; (iii) If Form S-3 (or any successor or similar form) is not available for such offering by such Holders; or (iv) If within ten (10) business days of receipt of a written request from the Holders pursuant to this Section 2.3, the Company gives notice to the Holders of the Company’s intention to file a registration statement covering the sale Sale of Common Stock for the account of the Company within ninety (90) days and the Company is actively employing its good faith reasonable efforts to cause such registration statement to become effective; provided that such right to delay a request shall be exercised by the Company not more than twice in any twelve (12) month period.