Common use of Renewal Deadline Clause in Contracts

Renewal Deadline. If, immediately prior to the third anniversary (“Renewal Deadline”) of the initial effective date of the Registration Statement, this Agreement is still in effect or any Shares purchased by the Agent as principal pursuant to a Terms Agreement remain unsold, the Company will, prior to the Renewal Deadline, file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form reasonably satisfactory to the Agent. If the Company is no longer eligible to file an automatic shelf registration statement, the Company will, prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the Shares, in a form reasonably satisfactory to the Agent, and will use its commercially reasonable efforts to cause such registration statement to be declared effective within 120 days after the Renewal Deadline. The Company will take all other action reasonably necessary to permit the public offering of the Shares to continue as contemplated herein or in any Terms Agreement. References herein to the “Registration Statement” shall include such new shelf registration statement.

Renewal Deadline. If, immediately prior to the third anniversary (“Renewal Deadline”) of the initial effective date of the Registration StatementStatement (the “Renewal Deadline”), this Agreement is still in effect or any Shares purchased by the Agent as principal pursuant to a Terms Agreement remain unsold, the Company will, prior to the Renewal Deadline, file, if it has not already done so and is eligible to do so, (i) promptly file a new automatic shelf registration statement on the proper form relating to the Shares, in a form reasonably and substance satisfactory to the Agent, (ii) use its reasonable best efforts to cause such new shelf registration statement to be declared effective within 60 days after the Renewal Deadline and (iii) promptly notify the Agent of such effectiveness. If If, at the time the Company is no longer required to file such a new shelf registration statement under this Section 3(t), it is eligible to file an automatic shelf registration statement, the Company will, prior to the Renewal Deadline, if it has not already done so, promptly file a new an automatic shelf registration statement relating to the Shares, in a form reasonably satisfactory to the Agent, and will use its commercially reasonable efforts to cause such registration statement to be declared effective within 120 days after the Renewal Deadline. The Company will take all other action reasonably necessary or appropriate to permit the public offering and sale of the such Shares to continue as contemplated herein or in any Terms Agreementthe 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.