Common use of Use, and Suspension of Use, of Shelf Registration Statement Clause in Contracts

Use, and Suspension of Use, of Shelf Registration Statement. The Company shall be entitled to suspend for a reasonable period of time (but not more than 60 consecutive days and not more than 120 days in any 12-month period) the offer or sale of Registrable Securities pursuant to the Shelf Registration Statement by any Holder if (a) a “road show” is not then in progress with respect to a proposed offering of Registrable Securities by such Holder pursuant to such registration statement and such Holder has not executed an underwriting agreement with respect to a pending sale of Registrable Securities pursuant to such registration statement and (b)(i) the Company or any of its subsidiaries are engaged in confidential negotiations or other confidential business activities, disclosure of which would be required if such registration statement were used (but would not be required if such registration statement were not used) and the Board determines in good faith that such disclosure would be materially detrimental to the Company or (ii) the Company has experienced some other material non-public event or is in possession of material non-public information concerning the Company, and the Board determines in good faith that such disclosure would be materially detrimental to the Company. In order to suspend the use of the Shelf Registration Statement pursuant to this Section 4.2, the Company shall promptly, upon determining to seek such suspension, deliver to the Holders a certificate signed by the Chief Executive Officer of the Company stating that the Company is suspending use of such registration statement pursuant to this Section 4.2 and the basis therefor in reasonable detail.

Use, and Suspension of Use, of Shelf Registration Statement. The If the Company has filed a “shelf” Registration Statement and has included Registrable Securities therein, the Company shall be entitled to suspend suspend, for a reasonable period of time not in excess of ninety (but not more than 60 consecutive days and not more than 120 90) days in any 12-twelve month period) , the offer or sale of Registrable Securities pursuant to the Shelf such Registration Statement by any Holder holder of Registrable Securities if (ai) a “road show” is not then in progress with respect to a proposed offering of Registrable Securities by such Holder holder pursuant to such registration statement Registration Statement and such Holder holder has not executed an underwriting agreement with respect to a pending sale of Registrable Securities pursuant to such registration statement Registration Statement and (b)(i) the Company or any of its subsidiaries are engaged in confidential negotiations or other confidential business activities, disclosure of which would be required if such registration statement were used (but would not be required if such registration statement were not used) and the Board determines in good faith that such disclosure would be materially detrimental to the Company or (ii) the Company has experienced some other material non-public event or is in possession of material non-public information concerning the Company, and the Board determines in good faith that such disclosure would be materially detrimental delivers to the Company. In order to suspend the use holders of the Shelf Registrable Securities included in such Registration Statement pursuant to this Section 4.2, the Company shall promptly, upon determining to seek such suspension, deliver to the Holders a certificate signed by both the Chief Executive Officer and Chief Financial Officer of the Company stating that certifying that, in the good faith judgment of the Board of Directors of the Company, such offer or sale would reasonably be expected to materially adversely affect or materially interfere with any bona fide material financing of the Company is suspending use or any material transaction under consideration by the Company or would require disclosure of information that has not been disclosed to the public, the premature disclosure of which would materially adversely affect the Company. Such certificate shall contain a general statement of the reasons for such registration statement pursuant postponement and an approximation of the anticipated delay. The holders receiving such certificate shall keep the information contained in such certificate confidential subject to this the same terms set forth in Section 4.2 and the basis therefor in reasonable detail6(o).

Use, and Suspension of Use, of Shelf Registration Statement. The If the Company has filed a "shelf" Registration Statement and has included Registrable Securities therein, the Company shall be entitled to suspend suspend, for a reasonable period of time not in excess of ninety (but not more than 60 consecutive days and not more than 120 90) days in any 12-twelve month period) , the offer or sale of Registrable Securities pursuant to the Shelf such Registration Statement by any Holder holder of Registrable Securities if (ai) a “"road show” " is not then in progress with respect to a proposed offering of Registrable Securities by such Holder holder pursuant to such registration statement Registration Statement and such Holder holder has not executed an underwriting agreement with respect to a pending sale of Registrable Securities pursuant to such registration statement Registration Statement and (b)(i) the Company or any of its subsidiaries are engaged in confidential negotiations or other confidential business activities, disclosure of which would be required if such registration statement were used (but would not be required if such registration statement were not used) and the Board determines in good faith that such disclosure would be materially detrimental to the Company or (ii) the Company has experienced some other material non-public event or is in possession of material non-public information concerning the Company, and the Board determines in good faith that such disclosure would be materially detrimental delivers to the Company. In order to suspend the use holders of the Shelf Registrable Securities included in such Registration Statement pursuant to this Section 4.2, the Company shall promptly, upon determining to seek such suspension, deliver to the Holders a certificate signed by both the Chief Executive Officer and Chief Financial Officer of the Company stating that certifying that, in the good faith judgment of the Board of Directors of the Company, such offer or sale would reasonably be expected to materially adversely affect or materially interfere with any bona fide material financing of the Company is suspending use or any material transaction under consideration by the Company or would require disclosure of information that has not been disclosed to the public, the premature disclosure of which would materially adversely affect the Company. Such certificate shall contain a general statement of the reasons for such registration statement pursuant postponement and an approximation of the anticipated delay. The holders receiving such certificate shall keep the information contained in such certificate confidential subject to this the same terms set forth in Section 4.2 and the basis therefor in reasonable detail6(o).

Use, and Suspension of Use, of Shelf Registration Statement. The Company If the Corporation has filed a “shelf” Registration Statement and has included Registrable Securities therein, the Corporation shall be entitled to suspend (but not more than twice in any twelve month period), for a reasonable period of time (but not more than 60 consecutive days and not more than 120 days in any 12-month period) excess of 180 days, the offer or sale of Registrable Securities pursuant to the Shelf such Registration Statement by any Holder holder of Registrable Securities if (ai) a “road show” is not then in progress with respect to a proposed offering of Registrable Securities by such Holder holder pursuant to such registration statement Registration Statement and such Holder holder has not executed an underwriting agreement with respect to a pending sale of Registrable Securities pursuant to such registration statement Registration Statement and (b)(iii) the Company Corporation delivers to the holders of Registrable Securities included in such Registration Statement a resolution of the board of directors of the Corporation that, in the good faith judgment of the board of directors of the Corporation, such offer or sale would reasonably be expected to materially adversely affect any bona fide material financing of the Corporation or any material transaction under consideration by the Corporation or would require disclosure of its subsidiaries are engaged in confidential negotiations or other confidential business activitiesinformation that has not been disclosed to the public and is not otherwise required to be disclosed at that time, the premature disclosure of which would be required if such registration materially adversely affect the Corporation. Such board resolution shall contain a statement were used (but would not be required if such registration statement were not used) and the Board determines in good faith that such disclosure would be materially detrimental to the Company or (ii) the Company has experienced some other material non-public event or is in possession of material non-public information concerning the Company, and the Board determines in good faith that such disclosure would be materially detrimental to the Company. In order to suspend the use of the Shelf Registration Statement pursuant to this Section 4.2, the Company shall promptly, upon determining to seek reasons for such suspension, deliver to the Holders a certificate signed by the Chief Executive Officer postponement and an approximation of the Company stating that anticipated delay. The holders receiving such board resolution shall keep the Company is suspending use of information contained in such registration statement pursuant to this certificate confidential on the same terms set forth in Section 4.2 and the basis therefor in reasonable detail5(p).

Use, and Suspension of Use, of Shelf Registration Statement. The (i) If the Company has filed a Shelf Registration Statement and has included Registrable Securities therein, the Company shall be entitled to suspend (but not more than an aggregate of sixty (60) days in any twelve (12) month period), for a reasonable period of time not in excess of twenty (but not more than 60 consecutive days and not more than 120 days in any 12-month period20) days, the offer or sale of Registrable Securities pursuant to the Shelf Registration Statement such registration statement by any Holder if (a) a “road show” is not then in progress with respect to a proposed offering of Registrable Securities by such Holder pursuant to such registration statement and such Holder has not executed an underwriting agreement with respect to a pending sale of Registrable Securities pursuant to such registration statement and if (b)(ix) the Company or any of its subsidiaries are engaged in confidential negotiations or other confidential business activities, disclosure of which would be required under applicable Law if such registration statement were used (but would not be required if such registration statement were not used) and the Board determines in good faith that such disclosure would be materially detrimental to the Company or (iiy) the Company has experienced some other material non-public event or is in possession of material non-public information concerning the Company, Company and the Board determines in good faith that such disclosure would be materially detrimental to the Company. In order to suspend the use of the Shelf Registration Statement registration statement pursuant to this Section 4.24(c), the Company shall promptly, upon determining to seek such suspension, deliver to the Holders holders of Registrable Securities included in such registration statement, a certificate signed by the Chief Executive Officer of the Company stating that the Company is suspending use of such registration statement pursuant to this Section 4.2 and 4(c) (a “Suspension Notice”). Following the basis therefor conclusion of any circumstance resulting in reasonable detailthe suspension of a registration statement hereunder, the Company shall promptly notify each Holder in writing that it may resume use of the registration statement (an “End of Suspension Notice”).