Common use of Subsequent Registrations Clause in Contracts

Subsequent Registrations. Other than pursuant to the Registration Statement, prior to the Effective Time (as that term is defined in the Registration Rights Agreement), the Company will not file any registration statement (other than on Form S-8 or any post-effective amendments to any registration statements resulting from the Company filing its Annual Report on Form 10-K for the fiscal year ended October 2, 2005) with the Commission with respect to any securities of the Company.

Subsequent Registrations. Other than pursuant to the Registration Statement, prior to the Effective Time Date (as that term is defined in the Registration Rights Agreement)) and during the Effectiveness Period (as defined in the Registration Rights Agreement) at any point when the Purchasers are required to discontinue use of the Registration Statement pursuant to the Registration Rights Agreement, the Company will may not file any registration statement (other than on Form S-8 or any post-effective amendments to any registration statements resulting from the Company filing its Annual Report on Form 10-K for the fiscal year ended October 2, 2005S-8) with the Commission with respect to any securities of the Company.

Subsequent Registrations. Other than pursuant to the Registration StatementRights Agreement, prior to the Effective Time first to occur of (a) the effective date of the Registration Statement (as that term is defined in the Registration Rights Agreement), or (b) such time as the Warrant Shares may be sold by the Purchasers pursuant to Rule 144, the Company will may not file any registration statement (other than on Form S-8 or any post-effective amendments to any registration statements resulting from the Company filing its Annual Report on Form 10-K for the fiscal year ended October 2, 2005S-8) with the Commission with respect to any securities of the Company.

Subsequent Registrations. Other than (i) pursuant to the registration statement being filed pursuant to the Registration Rights Agreement (the “Registration Statement”) and (ii) pursuant to the registration obligations of the Company set forth in Schedule 5.7(f) to the Disclosure Schedules , prior to the Effective Time (as that term is defined in effective date of the Registration Rights Agreement)Statement, the Company will may not file any registration statement (other than on Form S-8 or any post-effective amendments to any registration statements resulting from the Company filing its Annual Report on Form 10-K for the fiscal year ended October 2, 2005S-8) with the Commission with respect to any securities of the Company.

Subsequent Registrations. Other than pursuant to the Registration StatementRights Agreement, prior to the Effective Time Date of a registration statement resulting in registration statement(s) being effected as to all Registrable Securities (as that term is defined in the Registration Rights Agreement), the Company will may not file any registration statement (other than on Form S-8 or any post-effective amendments to any registration statements resulting from the Company filing its Annual Report on Form 10-K for the fiscal year ended October 2, 2005S-8) with the Commission with respect to any securities of the Company.

Subsequent Registrations. Other than a Registration Statement pursuant to the Registration StatementRights Agreement, prior to the Effective Time Date (as that term is defined in the Registration Rights Agreement)) of the first Registration Statement filed pursuant to the Registration Rights Agreement, the Company will Corporation may not file any registration statement (other than on Form S-8 or any post-effective amendments to any registration statements resulting from the Company filing its Annual Report on Form 10-K for the fiscal year ended October 2, 2005S-8) with the Commission with respect to any securities of the CompanyCorporation.