Common use of Updating the Prospectus Clause in Contracts

Updating the Prospectus. If the distribution of the Registrable ----------------------- Securities covered by a registration pursuant to this Article VI is not to be effected by means of a firm commitment underwriting, and if the Company informs the selling Holders 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 commercially reasonable efforts to provide to the selling Holders a current prospectus that complies with the Securities Act on or before the date of the intended sale of the Registrable Securities; provided, however, that no more than once during any one hundred eighty-day -------- ------- period (the "Information Delay Period"), the Company shall have the right to delay the preparation of a current prospectus that complies with the Securities Act for up to forty-five (45) days, if the Board of Directors of the Company, acting in good faith, determines that there exists material nonpublic information about the Company which the Board does not wish to disclose in a registration statement (due to the fact that such disclosure may not be in the best interests of the Company's stockholders), which information would otherwise be required by the Securities Act to be disclosed in the registration statement to be filed pursuant to Section 6.2 above;

Updating the Prospectus. If the distribution of the Registrable ----------------------- Securities covered by a registration pursuant to this Article VI is not to be effected by means of a firm commitment underwriting, and if the Company informs the selling Holders 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 commercially reasonable efforts to provide to the selling Holders Holder a current prospectus that complies with the Securities Act on or before the date of the intended sale of the Registrable Securities; provided, however, that no more than once during any one hundred eighty-day -------- ------- period (the "Information Delay Period"), the Company shall have the right to delay the preparation of a current prospectus that complies with the Securities Act for up to fortytwenty-five (4525) days, if the Board of Directors of the CompanyCompany or an executive officer of the Company designated by the Board of Directors, acting in good faith, determines that there exists material nonpublic information about the Company which the Board or such officer does not wish to disclose in a registration statement (due to the fact that such disclosure may not be in the best interests of the Company's stockholders), ) which information would otherwise be required by the Securities Act to be disclosed in the registration statement to be filed pursuant to Section 6.2 above;

Updating the Prospectus. If the distribution of the ----------------------- Registrable ----------------------- Securities covered by a registration pursuant to this Article VI is not to be effected by means of a firm commitment underwriting, and if the Company informs the selling Holders 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 commercially reasonable efforts to provide to the selling Holders a current prospectus that complies with the Securities Act on or before the date of the intended sale of the Registrable Securities; provided, however, that no more than once during any one hundred -------- ------- eighty-day -------- ------- period (the "Information Delay Period"), the Company shall have the right to delay the preparation of a current prospectus that complies with the Securities Act for up to forty-five (45) days, if the Board of Directors of the Company, acting in good faith, determines that there exists material nonpublic information about the Company which the Board does not wish to disclose in a registration statement (due to the fact that such disclosure may not be in the best interests of the Company's stockholders), which information would otherwise be required by the Securities Act to be disclosed in the registration statement to be filed pursuant to Section 6.2 above;