Common use of Suspension of Resales Clause in Contracts

Suspension of Resales. (a) The Company shall be entitled to suspend the use of the prospectus forming any part of a registration statement for a reasonable “blackout period” not in excess of 90 days if (i) the Board determines that such registration or offering could materially interfere with a bona fide business, financing or business combination transaction of the Company or is reasonably likely to require premature disclosure of material non-public information, which premature disclosure could materially and adversely affect the Company, or (ii) an offering or sale pursuant to such prospectus would require the Company to recast its historical financial statements or prepare pro forma financial statements, acquired business financial statements or other information, with which requirement the Company is reasonably unable to comply. (b) Each Holder of Registrable Securities included in any such registration statement and not previously sold thereunder agrees that upon its receipt of a written certification from the Company notifying the Holders of such suspension, it will immediately discontinue the sale of any Registrable Securities pursuant to such registration statement or otherwise until such Holder has received copies of the supplemented or amended prospectus or until such holder is advised in writing that the use of the prospectus forming a part of such registration statement may be resumed and has received copies of any additional or supplemental filings that are incorporated by reference in such prospectus.