Common use of Updating the Prospectus Clause in Contracts

Updating the Prospectus. (i) If the Company informs the selling Investor that the Registration Statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use its reasonable best efforts to provide to the selling Investor a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three (3) business days after delivery of such notice.

Updating the Prospectus. (i) If the Company informs the selling Investor that the Registration Statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use its reasonable best efforts to provide to the selling Investor a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three (3) business days after delivery of such notice.

Updating the Prospectus. (i) If the Company informs the selling Investor Holder that the Registration Statement or Demand Registration Statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use its commercially reasonable best efforts to provide to the selling Investor Holder a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three (3) business days after delivery of such notice.

Updating the Prospectus. (i) If the Company informs the selling Investor Holder that the Registration Statement any registration statement or final prospectus covering Registrable Shares then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use its commercially reasonable best efforts to provide to the selling Investor Holder a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three five (35) business days after delivery of such notice.

Updating the Prospectus. (i) If the Company informs the selling Investor Holder that the Registration Statement or final prospectus then on file with the SEC is not current or otherwise does not comply with the Securities Act, the Company shall use its commercially reasonable best efforts to provide to the selling Investor Holder a current prospectus that complies with the Securities Act as soon as practicable, but in no event later than three (3) business days after delivery of such notice. The Company’s obligation to update the Registration Statement or final prospectus under this Section 9(a)(i) shall not be subject to the limitations of Section 9(a)(ii) or (b) below.