Common use of Private Exchange Clause in Contracts

Private Exchange. See Section 2 hereof. ---------------- Private Exchange Certificate: See Section 2 hereof. ---------------------------- Private Exchange Preferred Stock: See Section 2 hereof. -------------------------------- Prospectus: The prospectus included in any Registration ---------- Statement (including, without limitation, any prospectus subject to completion and a prospectus that includes any information previously omitted from a prospectus filed as part of an effective registration statement in reliance upon Rule 430A promulgated under the Securities Act), as amended or supplemented by any prospectus supplement, and all other amendments and supplements to the Prospectus, including post-effective amendments, and all material incorporated by reference or deemed to be incorporated by reference in such Prospectus.

Private Exchange. See Section 2 hereof2(g). ---------------- Private Exchange CertificateSecurities: See Section 2 hereof2(g). ---------------------------- Private Exchange Preferred Stock: See Section 2 hereof. -------------------------------- --------------------------- Prospectus: The prospectus included in any Registration Statement ---------- Statement (including, without limitation, any prospectus subject to completion and a prospectus that includes any discloses information previously omitted from a prospectus filed as part of an effective registration statement in reliance upon Rule 430A promulgated under the Securities Act), as amended or supplemented by any prospectus supplement, with respect to the terms of the offering of any portion of the Securities covered by such Registration Statement, and all other amendments and supplements to the Prospectus, including post-effective amendments, and all material incorporated by reference or deemed to be incorporated by reference in such Prospectus.

Private Exchange. See Section 2 hereof2(b). ---------------- Private Exchange CertificateNotes: See Section 2 hereof2(b). ---------------------------- Private Exchange Preferred Stock: See Section 2 hereof. -------------------------------- ---------------------- Prospectus: The prospectus included in any Registration Statement ---------- Statement (including, without limitation, any prospectus subject to completion and a prospectus that includes any information previously omitted from a prospectus filed as part of an effective registration statement in reliance upon Rule 430A promulgated under the Securities Act), as amended or supplemented by any prospectus supplement, with respect to the terms of the offering of any portion of the Registrable Notes covered by such Registration Statement, and all other amendments and supplements to the Prospectus, including post-effective amendments, and all material incorporated by reference or deemed to be incorporated by reference in such Prospectus.

Private Exchange. See Section 2 2(b) hereof. ---------------- Private Exchange CertificateNotes: See Section 2 2(b) hereof. ---------------------------- Private Exchange Preferred Stock: See Section 2 hereof. -------------------------------- ---------------------- Prospectus: The prospectus included in any Registration Statement ---------- Statement (including, without limitation, any prospectus subject to completion and a prospectus that includes any information previously omitted from a prospectus filed as part of an effective registration statement in reliance upon Rule 430A promulgated under the Securities Act and any term sheet filed pursuant to Rule 434 under the Securities Act), as amended or supplemented by any prospectus supplement, and all other amendments and supplements to the Prospectus, including post-effective amendments, and all material incorporated by reference or deemed to be incorporated by reference in such Prospectus.

Private Exchange. See Section 2 hereof. ---------------- Private Exchange CertificateNotes: See Section 2 hereof. ---------------------------- Private Exchange Preferred Stock: See Section 2 hereof. -------------------------------- ---------------------- Prospectus: The prospectus included in any Registration Statement ---------- Statement (including, without limitation, any prospectus subject to completion and a prospectus that includes any information previously omitted from a prospectus filed as part of an effective registration statement in reliance upon Rule 430A promulgated under the Securities Act), as amended or supplemented by any prospectus supplement, and all other amendments and supplements to the Prospectus, including post-effective amendments, and all material incorporated by reference or deemed to be incorporated by reference in such Prospectus.