Common use of Resale of Certain Securities Clause in Contracts

Resale of Certain Securities. During the period of two years after the last date of original issuance of any Securities, the Company shall not, and shall not permit any of its Affiliates to, resell any Securities, or shares of Common Stock issuable upon conversion of the Securities, which constitute "restricted securities" under Rule 144, that are acquired by any of them within the United States or to "U.S. persons" (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefrom. The Trustee shall have no responsibility or liability in respect of the Company's performance of its agreement in the preceding sentence.

Resale of Certain Securities. During the period of two years after the last date of original issuance of any Securities, the Company shall not, and shall not permit any of its Affiliates to, resell any Securities, or shares of Common Stock issuable upon conversion of the Securities, which that constitute "“restricted securities" ” under Rule 144, 144 and that are acquired by any of them within the United States or to "“U.S. persons" ” (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefrom. The Trustee shall have no responsibility or liability in respect of the Company's ’s performance of its agreement in the preceding sentence.

Resale of Certain Securities. During the period of two years after beginning on the last date of original issuance of any Securitiesthe Securities and ending on the date that is two years from such date, the Company shall will not, and shall will not permit any of its Affiliates "affiliates" (as defined under Rule 144) to, resell (x) any Securities, Securities which constitute "restricted securities" under Rule 144 or shares of Common Stock issuable upon conversion of the Securities(y) any securities into which such Securities have been converted under this Indenture, which constitute "restricted securities" under Rule 144, 144 that are acquired in either case have been reacquired by any of them within the United States or to "U.S. persons" (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefromthem. The Trustee shall have no responsibility or liability in respect of the Company's performance of its agreement in the preceding sentence.

Resale of Certain Securities. During the period of two years after the last date of original issuance of any Securities, the Company shall not, and shall not permit any of its Affiliates to, resell any Securities, or shares of Common Stock issuable upon conversion of the Securities, which constitute "“restricted securities" ” under Rule 144, that are acquired by any of them within the United States or to "“U.S. persons" ” (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefrom. The Trustee shall have no responsibility or liability in respect of the Company's ’s performance of its agreement in the preceding sentence.

Resale of Certain Securities. During the period of two years after the last date of original issuance of any SecuritiesClosing Date, the Company shall not, and shall not permit any of its Affiliates "affiliates" (as defined under Rule 144 under the Securities Act) to, resell any Securities, or shares of Common Stock issuable upon conversion of the Securities, which constitute "restricted securities" under Rule 144, that are acquired by any of them within the United States or to "U.S. persons" persons (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefrom. The Trustee shall have no responsibility or liability in respect of the Company's performance of its agreement in the preceding sentence.

Resale of Certain Securities. During the period of two years after the last date of original issuance of any Securities, the Company shall not, and shall not permit any of its Affiliates to, (as defined under Rule 144 under the Securities Act) to resell any Securities, or shares of Common Stock issuable upon conversion of the Securities, Securities which constitute "restricted securities" under Rule 144, that are acquired by any of them them, within the United States or to "U.S. personsPersons" (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefrom. The Trustee shall have no responsibility or liability in respect of the Company's performance of its agreement in the preceding sentence.

Resale of Certain Securities. During the period of two years after the last date of original issuance of any Securities, the Company shall not, and shall not permit any of its Affiliates controlled "affiliates" (as defined under Rule 144 under the Securities Act) to, resell any Securities, or shares of Common Stock issuable upon conversion of the Securities, which constitute "restricted securities" under Rule 144, that are acquired by any of them within the United States or to "U.S. persons" (as defined in Regulation S) except pursuant to an effective registration statement under the Securities Act or an applicable exemption therefrom. The Trustee shall have no responsibility or liability in respect of the Company's performance of its agreement in the preceding sentence.