Common use of Suspension of Registration by the Company Clause in Contracts

Suspension of Registration by the Company. In addition to the restrictions applicable during a Scheduled Registration Suspension Period as set forth in Section 4(d) below or any suspension required under Section 4(c) below, the Company may, upon the happening of any event or the existence of any state of facts that, in the judgment of an executive officer of the Company or the Company’s legal counsel, renders advisable the suspension of the disposition of Registrable Shares covered by the Registration Statement or the use of the Prospectus or any supplement thereto due to pending transactions or other corporate developments, public filings with the SEC or similar events, suspend the disposition of Registrable Shares covered by the Registration Statement and the use of such Prospectus or any supplement thereto for a period of not more than 90 days upon written notice (a “Suspension Event Notice”) to the Manager (which Suspension Event Notice will not disclose the content of any material non-public information and will indicate the dates of the beginning and the end of the intended suspension, if known), in which case the Manager, upon receipt of such Suspension Event Notice, shall discontinue, and shall cause the Trust to discontinue, disposition of Registrable Shares covered by the Registration Statement and the use of any applicable Prospectus or any supplement thereto (an “Event Suspension”) until copies of a supplemented or amended Prospectus are distributed to the Manager or until the Manager is advised in writing by the Company that the disposition of Registrable Shares covered by the Registration Statement or the use of the Prospectus or supplement thereto may be resumed; provided that such right to suspend the disposition of Registrable Shares covered by the Registration Statement or the use of the Prospectus or supplement thereto under this Section 4(c) shall not be exercised by the Company for more than the number of days in any 12-month period equal to 140 minus the aggregate number of days during which the disposition of Registrable Securities pursuant to the Registration Statement was suspended on account of any Scheduled Registration Suspension Period occurring in the applicable 12-month period. Any Event Suspension and Suspension Event Notice described in this Section 2(c) shall be held in confidence and not disclosed by the Manager, except as required by law.

Suspension of Registration by the Company. In addition to the restrictions applicable during a Scheduled Registration Suspension Period as set forth in Section 4(d) below or any suspension required under Section 4(c) below, the Company may, upon the happening of any event or the existence of any state of facts that, in the judgment of an executive officer of the Company or the Company’s legal counsel, renders advisable the suspension of the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or any supplement thereto due to pending transactions or other corporate developments, public filings with the SEC or similar events, suspend the disposition of Registrable Shares Securities covered by the Registration Statement and the use of such Prospectus or any supplement thereto for a period of not more than 90 days upon written notice (a “Suspension Event Notice”) to the Manager (which Suspension Event Notice will not disclose the content of any material non-public information and will indicate the dates of the beginning and the end of the intended suspension, if known), in which case the Manager, upon receipt of such Suspension Event Notice, shall discontinue, and shall cause the Trust to discontinue, disposition of Registrable Shares Securities covered by the Registration Statement and the use of any applicable Prospectus or any supplement thereto (an “Event Suspension”) until copies of a supplemented or amended Prospectus are distributed to the Manager or until the Manager is advised in writing by the Company that the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or supplement thereto may be resumed; provided that such right to suspend the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or supplement thereto under this Section 4(c4(b) shall not be exercised by the Company for more than the number of days in any 12-month period equal to 140 minus the aggregate number of days during which the disposition of Registrable Securities pursuant to the Registration Statement was suspended on account of any Scheduled Registration Suspension Period occurring in the applicable 12-month period. Any Event Suspension and Suspension Event Notice described in this Section 2(c4(b) shall be held in confidence and not disclosed by the Manager, except as required by law.

Suspension of Registration by the Company. In addition to the restrictions applicable during a Scheduled Registration Suspension Period as set forth in Section 4(d) below or any suspension required under Section 4(c) below, the Company may, upon the happening of any event or the existence of any state of facts that, in the judgment of an executive officer of the Company or the Company’s legal counsel, renders advisable the suspension of the disposition of Registrable Shares covered by the Registration Statement or the use of the Prospectus or any supplement thereto due to pending transactions or other corporate developments, public filings with the SEC or similar events, suspend the disposition of Registrable Shares covered by the Registration Statement and the use of such Prospectus or any supplement thereto for a period of not more than 90 days upon written notice (a “Suspension Event Notice”) to the Manager (which Suspension Event Notice will not disclose the content of any material non-public information and will indicate the dates of the beginning and the end of the intended suspension, if known), in which case the Manager, upon receipt of such Suspension Event Notice, shall discontinue, and shall cause the Trust to discontinue, disposition of Registrable Shares covered by the Registration Statement and the use of any applicable Prospectus or any supplement thereto (an “Event Suspension”) until copies of a supplemented or amended Prospectus are distributed to the Manager or until the Manager is advised in writing by the Company that the disposition of Registrable Shares covered by the Registration Statement or the use of the Prospectus or supplement thereto may be resumed; provided that such right to suspend the disposition of Registrable Shares covered by the Registration Statement or the use of the Prospectus or supplement thereto under this Section 4(c4(b) shall not be exercised by the Company for more than the number of days in any 12-month period equal to 140 minus the aggregate number of days during which the disposition of Registrable Securities pursuant to the Registration Statement was suspended on account of any Scheduled Registration Suspension Period occurring in the applicable 12-month period. Any Event Suspension and Suspension Event Notice described in this Section 2(c) shall be held in confidence and not disclosed by the Manager, except as required by law.

Suspension of Registration by the Company. In addition to the restrictions applicable during a Scheduled Registration Suspension Period as set forth in Section 4(d) below or any suspension required under Section 4(c) below, the Company may, upon the happening of any event or the existence of any state of facts that, in the judgment of an executive officer of the Company or the Company’s legal counsel, renders advisable the suspension of the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or any supplement thereto due to pending transactions or other corporate developments, public filings with the SEC or similar events, suspend the disposition of Registrable Shares Securities covered by the Registration Statement and the use of such Prospectus or any supplement thereto for a period of not more than 90 days upon written notice (a “Suspension Event Notice”) to the Manager (which Suspension Event Notice will not disclose the content of any material non-public information and will indicate the dates of the beginning and the end of the intended suspension, if known), in which case the Manager, upon receipt of such Suspension Event Notice, shall discontinue, and shall cause the Trust to discontinue, disposition of Registrable Shares Securities covered by the Registration Statement and the use of any applicable Prospectus or any supplement thereto (an “Event Suspension”) until copies of a supplemented or amended Prospectus are distributed to the Manager or until the Manager is advised in writing by the Company that the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or supplement thereto may be resumed; provided that such right to suspend the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or supplement thereto under this Section 4(c) shall not be exercised by the Company for more than the number of days in any 12-month period equal to 140 120 minus the aggregate number of days during which the disposition of Registrable Securities pursuant to the Registration Statement was suspended on account of any Scheduled Registration Suspension Period occurring in the applicable 12-month period. Any Event Suspension and Suspension Event Notice described in this Section 2(c4(b) shall be held in confidence and not disclosed by the Manager, except as required by law.

Suspension of Registration by the Company. In addition to the restrictions applicable during a Scheduled Registration Suspension Period as set forth in Section 4(d) below or any suspension required under Section 4(c2(c) below, the Company may, upon the happening of at any event or the existence of any state of facts thattime, in the judgment of an executive officer of the Company or the Company’s legal counsel, renders advisable the suspension of the disposition of Registrable Shares covered by the Registration Statement or the if use of the Prospectus or any supplement thereto due Prospectus Supplement at such time would be materially detrimental to pending transactions the Company or other corporate developments, public filings with its security holders in the SEC or similar eventsgood faith judgment and within the reasonable discretion of the Company, suspend the disposition of the Registrable Shares Securities covered by the Registration Statement and the use of such the Prospectus or any supplement thereto Prospectus Supplement, for a period of not more than to exceed 90 consecutive days upon written notice (a “Suspension Event Notice”) to the Investment Manager (which Suspension Event Notice will not disclose the content of any material non-public information and will indicate the dates of the beginning and the end of the intended suspension, if known), in which case the Investment Manager, upon receipt of such Suspension Event Notice, shall discontinue, and shall cause the Trust to discontinue, disposition of the Registrable Shares Securities covered by the Registration Statement and the use of any applicable Prospectus or any supplement thereto Prospectus Supplement (an “Event Suspension”) until copies of a supplemented or amended Prospectus or Prospectus Supplement are distributed to the Investment Manager or until the Investment Manager is advised in writing by the Company that the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or supplement thereto Prospectus Supplement may be resumed; provided provided, that such right to suspend the disposition of Registrable Shares Securities covered by the Registration Statement or the use of the Prospectus or supplement thereto Prospectus Supplement under this Section 4(c2(b) shall not be exercised by the Company for more than the number of 140 total days in any 12-month period equal to 140 minus the aggregate number (exclusive of days during which the disposition of Registrable Securities suspensions pursuant to the Registration Statement was suspended on account of any Scheduled Registration Suspension Period occurring in the applicable 12-month periodSection 2(c)below). Any Event Suspension and Suspension Event Notice described in this Section 2(c2(b) shall be held in confidence and not disclosed by the Investment Manager, except as required by law.