Common use of Representation Date and Opinions of Counsel Clause in Contracts

Representation Date and Opinions of Counsel. On or prior to the date of the first Placement Notice and thereafter during the term of this Agreement, each time the Company (i) files an amendment to the Registration Statement or the Prospectus (other than relating solely to the offering of securities other than the Shares), (ii) files an annual report on Form 10-K under the Exchange Act or a quarterly report on Form 10-Q under the Exchange Act or (iii) files a report on Form 8-K under the Exchange Act containing amended financial statements, other than an earnings release (each, a “Representation Date”), to which a waiver described in Section 3(r) hereof does not apply, the Company shall cause:

Representation Date and Opinions of Counsel. On or prior to the date of the first Placement Notice Notice, and thereafter during the term of this Agreementhereof, each time the Company (iA) files an amendment to the Registration Statement or the Prospectus (other than relating solely to the offering of securities other than the Shares), (iiB) files an annual report on Form 10-K under the Exchange Act or a files its quarterly report reports on Form 10-Q under the Exchange Act Act; or (iiiC) files a report on Form 8-K under the Exchange Act containing amended financial statements, statements (other than an earnings release release) under the Exchange Act, (eacheach of (A), (B) and (C), a “Representation Date”), to which a waiver described in Section 3(r) hereof does not apply, the Company shall cause: