Common use of Registration of Warrant Shares Clause in Contracts

Registration of Warrant Shares. (a) The Issuer shall, at the Issuer's expense, register under the Securities Act the Warrant Shares and in that connection shall file a registration statement with respect to the Warrant Shares (the "Registration Statement") with the Commission (i) by no later than the date on which the registration statement with respect to the shares of Common Stock offered in the Rights Offering is filed, if the Issuer consummates a Rights Offering prior to September 1, 2001, and (ii) by no later than November 1, 2001 if the Issuer does not consummate a Rights Offering prior to September 1, 2001 (in each case, the "Filing Date"). The Issuer shall use its commercially reasonable best efforts to cause the Registration Statement to be declared effective under the Securities Act as promptly as possible after the filing thereof. The number of shares of Common Stock included in the Registration Statement shall at all times be at least equal to the number of Warrant Shares. Notice of effectiveness of the Registration Statement shall be furnished promptly to the Warrant Holder. The Issuer shall use its commercially reasonable best efforts to maintain the effectiveness of the Registration Statement and from time to time will amend or supplement such Registration Statement and the prospectus contained therein as and to the extent necessary to comply with the Securities Act to permit the resale of the Warrant Shares by the Warrant Holder. The Issuer shall use its commercially reasonable best efforts to maintain the effectiveness of the Registration Statement with respect to the Warrant Shares until all of the Warrant Shares have been sold by the Warrant Holder pursuant thereto or such date as all of the Warrant Shares may be sold by Warrant Holder without registration.

Registration of Warrant Shares. On or prior to the 30th day following the Closing, the Company shall prepare and file with the Commission a registration statement (a“Resale Registration Statement”) The Issuer shall, at covering the Issuer's expense, register resale of all of the Warrant Shares for an offering to be made on a continuous basis pursuant to Rule 415 under the Securities Act the Warrant Shares and in that connection shall file a registration statement with respect to the Warrant Shares (the "Registration Statement") with the Commission (i) by no later than the date on which the registration statement with respect to the shares of Common Stock offered in the Rights Offering is filed, if the Issuer consummates a Rights Offering prior to September 1, 2001, and (ii) by no later than November 1, 2001 if the Issuer does not consummate a Rights Offering prior to September 1, 2001 (in each case, the "Filing Date")Act. The Issuer Resale Registration Statement filed hereunder shall be on Form S-3. The Company shall use its commercially reasonable best efforts to cause the such Resale Registration Statement to be declared effective under the Securities Act as promptly as possible after the filing thereof. The number of shares of Common Stock included in the Registration Statement shall at all times be at least equal to the number of Warrant Shares. Notice of effectiveness of the Registration Statement shall be furnished promptly to the Warrant Holder. The Issuer , and shall use its commercially reasonable best efforts to maintain keep such Resale Registration Statement continuously effective under the effectiveness Securities Act until all Warrant Shares covered by such Resale Registration Statement (i) have been sold, thereunder or pursuant to Rule 144, or (ii) may be sold without volume or manner-of-sale restrictions pursuant to Rule 144 and without the requirement for the Company to be in compliance with the current public information requirement under Rule 144 (assuming cashless exercise of the Warrant). At least 2 Trading Days prior to filing the Resale Registration Statement, the Company shall have provided the Holder a copy of the Resale Registration Statement for its review and from time incorporated any comments reasonably provided by the Holder. Notwithstanding anything herein to time will amend or supplement such Registration Statement and the prospectus contained therein as and contrary, to the extent necessary to comply with that the Securities Act to permit the resale Resale Registration Statement is not filed within 30 days of the Closing, is not declared effective within 90 days of the Closing or is suspended for any reason thereafter during the term of the Warrant, the term of the Warrant shall be extended by an equivalent number of days past such deadlines that the Resale Registration Statement is not filed or effective, as applicable, and in no event shall the Warrant terminate on a date where there is no effective Resale Registration Statement available for the sale of Warrant Shares by the Warrant Holder. The Issuer shall use its commercially reasonable best efforts to maintain the effectiveness of the Registration Statement with respect to the Warrant Shares until all of the Warrant Shares have been sold by the Warrant Holder pursuant thereto or such date as all of the Warrant Shares may be sold by Warrant Holder without registration.