Common use of Preemption by the Corporation Clause in Contracts

Preemption by the Corporation. Anything herein to the contrary notwithstanding, in the event the Corporation reasonably expects to file, within 60 days of a demand for registration, a registration statement pertaining to securities for the account of the Corporation (except a registration statement relating to employee or director benefit plans or a corporate reorganization, merger or acquisition, or a registration on any form that does not permit inclusion of sales of Registrable Securities) then such request shall constitute a request made pursuant to Section 4 hereof to include in such registration statement all Registrable Securities subject to such request and the Corporation shall not be obligated to file a separate registration statement for the Registrable Securities subject to such request; provided, that the Corporation is actively employing good faith reasonable efforts to cause such registration statement to be filed and to become effective.

Preemption by the Corporation. Anything herein to the contrary notwithstanding, in the event the Corporation reasonably expects to file, within 60 days of a demand for registration, a registration statement pertaining to securities for the account of the Corporation (except a registration statement relating on Form S-4 or Form S-8 or with respect to employee or director benefit plans or a corporate reorganization, merger or acquisition, or a registration on any form that does not permit inclusion of sales of Registrable Securitiestransaction subject to Rule 145 under the Securities Act) then such request shall constitute a request made pursuant to Section 4 5 hereof to include in such registration statement all Registrable Securities subject to such request and the Corporation shall not be obligated to file a separate registration statement for the Registrable Securities subject to such request; provided, that the Corporation is actively employing in good faith all reasonable efforts to cause such registration statement to be filed and to become effective.