Common use of WKSI Status Clause in Contracts

WKSI Status. If at any time when Common Shares remain unsold by the Sales Agent, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Securities Act or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Sales Agent, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Common Shares, in a form satisfactory to the Sales Agent, (iii) use its reasonable best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Sales Agent of such effectiveness. The Company will take all other reasonable action necessary or appropriate to permit the public offering and sale of the Common Shares to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

WKSI Status. If at any time when Common Shares remain unsold by the Sales AgentBNYMCM, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Securities Act or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Sales AgentBNYMCM, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Common Shares, in a form satisfactory to the Sales AgentBNYMCM, (iii) use its reasonable best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Sales Agent BNYMCM of such effectiveness. The Company will take all other reasonable action necessary or appropriate to permit the public offering and sale of the Common Shares to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

WKSI Status. If at any time when Common Shares remain unsold by the Sales AgentBarclays, the Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the Securities Act or otherwise ceases to be eligible to use the automatic shelf registration statement form, the Company will (i) promptly notify the Sales AgentBarclays, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Common Shares, in a form satisfactory to the Sales AgentBarclays, (iii) use its reasonable best efforts to cause such registration statement or post-effective amendment to be declared effective and (iv) promptly notify the Sales Agent Barclays of such effectiveness. The Company will take all other reasonable action necessary or appropriate to permit the public offering and sale of the Common Shares to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.