Common use of Registration Statement Form Clause in Contracts

Registration Statement Form. The Company shall select the Registration Statement form for any registration pursuant to this Section 2(a); provided, that if any registration requested pursuant to this Section 2(a) which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)4.2; provided, that if any registration requested pursuant to this Section 2(a) 4.2 which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)3; provided, however, that if any registration requested pursuant to this Section 2(a) 3 which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)Article II; provided, that if any registration requested pursuant to this Section 2(a) 2.1 hereof which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)4.2; providedPROVIDED, that if any registration requested pursuant to this Section 2(a) 4.2 which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company and the Trust shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)5.1; provided, however, that if any registration requested pursuant to this Section 2(a) 5.1 which is proposed by the Company and the Trust to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection connection, with an underwritten public offering, and if the managing underwriter shall advise the Company and the Trust in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)3; provided, however, that if any registration requested pursuant to this Section 2(a) which 3 that is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement --------------------------- registration statement form for any registration pursuant to this Section 2(a)Article II; provided, that if any registration requested pursuant to this Section 2(a) Article II which -------- is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)4.2; providedPROVIDED, HOWEVER, that if any registration requested pursuant to this Section 2(a) 4.2 which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)Article III; providedPROVIDED, that if any registration requested pursuant to this Section 2(a) Article III which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement --------------------------- registration statement form for any registration pursuant to this Section 2(a)3.1; provided, that if any registration requested pursuant to this Section 2(a) 3.1 which -------- ---- is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)4.2; provided, however, that if any registration requested pursuant to this Section 2(a) 4.2 which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company and the Trust shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)5.1; providedPROVIDED, HOWEVER, that if any registration requested pursuant to this Section 2(a) 5.1 which is proposed by the Company and the Trust to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company and the Trust in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement --------------------------- registration statement form for any registration pursuant to this Section 2(a)4.2; provided, that if any registration requested pursuant to this Section 2(a) 4.2 which -------- is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.

Registration Statement Form. The Company shall select the Registration Statement registration statement form for any registration pursuant to this Section 2(a)4; provided, that if any registration requested pursuant to this Section 2(a) 4 which is proposed by the Company to be effected by the filing of a registration statement on Form S-3 (or any successor or similar short-form registration statement) shall be in connection with an underwritten public offering, and if the managing underwriter shall advise the Company in writing that, in its opinion, the use of another form of registration statement is of material importance to the success of such proposed offering, then such registration shall be effected on such other form.