Common use of Renewal Deadline Clause in Contracts

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance satisfactory to the Agents and the Forward Purchasers. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance satisfactory to the Agents and the Forward Purchasers, (iii) use its best efforts to cause such new shelf registration statement to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased Securities remain unsold by an Agent as principal remain unsoldthe Underwriters, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers Underwriters in writing and (ii) promptly file, if it is eligible to do so, a new an automatic shelf registration statement (as defined in Rule 405 of the 1933 Act Regulations) relating to the SharesSecurities, in a form and substance satisfactory to the Agents and the Forward PurchasersUnderwriters. If, at the time Renewal Deadline, the Company intends is not eligible to file such a new an automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward PurchasersUnderwriters in writing, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to the Sharessuch Securities, in a form and substance satisfactory to the Agents and the Forward PurchasersUnderwriters, (iii) use its best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective by the Commission within 60 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers Underwriters in writing of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Shares Securities to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statementstatement or post-effective amendment, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased Securities remain unsold by an Agent as principal remain unsoldthe Underwriters, the Company and the Operating Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers Representatives in writing and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the SharesSecurities, in a form and substance satisfactory to the Agents and the Forward PurchasersUnderwriters. If, at the time Renewal Deadline, the Company intends and the Operating Company is not eligible to file such a new an automatic shelf registration statement, it is not eligible to do so, the Company and the Operating Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward PurchasersRepresentatives in writing, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to the Sharessuch Securities, in a form and substance satisfactory to the Agents and the Forward PurchasersUnderwriters, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement or post-effective amendment to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers Representatives in writing of such effectiveness. The Company and the Operating Company will take all other action necessary or appropriate to permit the offering and sale of the Shares Securities to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statementstatement or post-effective amendment, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased by an Agent as principal remain unsoldeffect, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and or such Related Agent(s), as the Forward Purchasers case may be, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the SharesNotes, in a form and substance satisfactory to the Agents and or such Related Agent(s), as the Forward Purchaserscase may be. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and or such Related Agent(s), as the Forward Purchaserscase may be, (ii) promptly file a new shelf registration statement on the proper form relating to the SharesNotes, in a form and substance satisfactory to the Agents and or such Related Agent(s), as the Forward Purchaserscase may be, (iii) use its reasonable best efforts to cause such new shelf registration statement to be declared effective within 60 120 days after the Renewal Deadline and (iv) promptly notify the Agents and or such Related Agent(s), as the Forward Purchasers case may be of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Shares Notes to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased by an the Agent as principal remain unsold, the Company will, at its sole discretion, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers Agent and (ii) promptly file, if it is eligible to do so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to the SharesShares that may be offered and sold pursuant to this Agreement (which shall include a prospectus reflecting the number or amount of Shares that may be offered and sold pursuant to this Agreement), in a form and substance satisfactory to the Agents Agent and the Forward Purchasers. Ifits counsel, at the time the Company intends to file and, if such a new registration statement is not an automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance satisfactory to the Agents and the Forward Purchasers, (iii) will use its best commercially reasonable efforts to cause such new shelf registration statement to be declared effective within 60 180 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers of such effectivenessDate. The Company will take all other action actions necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statementregistration statement and this Agreement. References From and after the effective date thereof, references herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new automatic shelf registration statement, as the case may be.

Renewal Deadline. IfIf any Shares remain unsold, immediately the Company will, prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents Agents, the Forward Sellers and the Forward Purchasers Purchasers, and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance satisfactory to the Agents Agents, the Forward Sellers and the Forward Purchasers. If, at the time the Company intends to file such a new automatic shelf registration statement, it the Company is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents Agents, the Forward Sellers and the Forward Purchasers, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance satisfactory to the Agents Agents, the Forward Sellers and the Forward Purchasers, (iii) use its best their commercially reasonable efforts to cause such new shelf registration statement to be declared effective within 60 90 days after the Renewal Deadline and (iv) promptly notify the Agents Agents, the Forward Sellers and the Forward Purchasers of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents and the Forward Purchasers. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents and the Forward Purchasers, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased Securities remain unsold by an Agent as principal remain unsoldthe Underwriters, the Company and the Guarantor will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers Representatives in writing and (ii) promptly file, if it is they are eligible to do so, a new automatic shelf registration statement relating to the SharesSecurities, in a form and substance satisfactory to the Agents and the Forward PurchasersUnderwriters. If, at the time Renewal Deadline, the Company intends or the Guarantor is not eligible to file such a new an automatic shelf registration statement, it is not eligible to do so, the Company and the Guarantor will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward PurchasersRepresentatives in writing, (ii) promptly file a new shelf registration statement or post-effective amendment on the proper form relating to the Sharessuch Securities, in a form and substance satisfactory to the Agents and the Forward PurchasersUnderwriters, (iii) use its their best efforts to cause such new shelf registration statement or post-effective amendment to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers Representatives in writing of such effectiveness. The Company and the Guarantor will take all other action necessary or appropriate to permit the offering and sale of the Shares Securities to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statementstatement or post-effective amendment, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased by an Agent as principal remain unsold, the Company Trust will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance reasonably satisfactory to the Agents and the Forward Purchasers. If, at the time the Company Trust intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company Trust will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance reasonably satisfactory to the Agents and the Forward Purchasers, (iii) use its reasonable best efforts to cause such new shelf registration statement to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers of such effectiveness. The Company Trust will take all other action necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Registration Statement (the “Renewal Deadline”), this Agreement is still in effect and the Company desires to continue to offer and sell Shares hereunder or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward Purchasers and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form and substance satisfactory to the Agents and the Forward PurchasersAgents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, and the Company desires to continue to offer and sell Shares hereunder or any Shares purchased by an Agent as principal remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Agents and the Forward PurchasersAgents, (ii) promptly file a new shelf registration statement on the proper form relating to the Shares, in a form and substance satisfactory to the Agents and the Forward PurchasersAgents, (iii) use its best efforts to cause such new shelf registration statement to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Agents and the Forward Purchasers of such effectiveness. The In connection with the foregoing, the Company will take all other action necessary or appropriate to permit the offering and sale of the Shares to continue as contemplated in the expired Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.