Common use of Notice of Inability to Use Automatic Shelf Registration Statement Form Clause in Contracts

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time when Underwritten Securities remain unsold by the Underwriters either the Company or the Guarantor receives from the Commission a notice pursuant to Rule 401(g)(2) of the 1933 Act Regulations or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company or the Guarantor will (i) promptly notify the Representative(s), (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Underwritten Securities, in a form satisfactory to the Representative(s), (iii) use its best efforts to cause such registration statement of post-effective amendment to be declared effective and (iv) promptly notify the Representative(s) of such effectiveness. The Company and the Guarantor will take all other action necessary or appropriate to permit the public offering and sale of the Underwritten Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Company or the Guarantor has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time when Underwritten Securities remain unsold by during the Underwriters either Prospectus Delivery Period the Company or the Guarantor receives from the Commission a notice pursuant to Rule 401(g)(2) of the 1933 Act Regulations or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company or the Guarantor will (i) promptly notify the Representative(s)Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Underwritten SecuritiesNotes, in provided, however, that the Company will not file a form satisfactory new registration statement or post-effective amendment unless, prior to such proposed filing, the Company has furnished the Representatives with a copy of such new registration statement or post-effective amendment for their review and the Representatives have not reasonably objected to the Representative(s)filing of such new registration statement or post-effective amendment, (iii) use its best commercially reasonable efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representative(s) Representatives of such effectiveness. The Company and the Guarantor will take all other action necessary or appropriate to permit the public offering and sale of the Underwritten Securities Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Company or the Guarantor has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time time, when Underwritten the Securities remain unsold by the Underwriters either Underwriter, the Company Parent Guarantor or the Guarantor Issuer receives from the Commission a notice pursuant to Rule 401(g)(2) of the 1933 Act Regulations or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company or Parent Guarantor and the Guarantor Issuer will (i) promptly notify the Representative(s)Underwriter, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Underwritten Securities, in a form satisfactory to the Representative(s)Underwriter, (iii) use its best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representative(s) Underwriter of such effectiveness. The Company Parent Guarantor and the Guarantor Issuer will take all other action necessary or appropriate to permit the public offering and sale of the Underwritten Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Company Parent Guarantor or the Guarantor Issuer has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time when Underwritten Securities remain unsold by during the Underwriters either Prospectus Delivery Period the Company or the Guarantor receives from the Commission a notice pursuant to Rule 401(g)(2) of the 1933 Act Regulations or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company or the Guarantor will (i) promptly notify the Representative(s)Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Underwritten SecuritiesNotes, in provided, however, that the Company will not file a form satisfactory new registration statement or post-effective amendment, unless, prior to such proposed filing, the Company has furnished the Representatives with a copy of such new registration statement or post-effective amendment for their review and the Representatives have not reasonably objected to the Representative(s)filing of such new registration statement or post-effective amendment, (iii) use its best commercially reasonable efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representative(s) Representatives of such effectiveness. The Company and the Guarantor will take all other action necessary or appropriate to permit the public offering and sale of the Underwritten Securities Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Company or the Guarantor has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.