Time on a Trading Day. The Company shall promptly (but prior to the filing of the notice of effectiveness) notify the Holders via facsimile or by e-mail of the effectiveness of a Registration Statement on the same Trading Day that the Company telephonically confirms effectiveness with the Commission, which shall be the date requested for effectiveness of such Registration Statement. The Company shall, by 9:30 a.m. Eastern Time on the Trading Day after the effective date of such Registration Statement, file a final Prospectus with the Commission as required by Rule 424. Failure to so notify the Holder within one (1) Trading Day of such notification of effectiveness or failure to file a final Prospectus as foresaid shall be deemed an Event under Section 2(d).
Time on a Trading Day. The Company shall promptly notify the Holders via facsimile or by e-mail of the effectiveness of a Registration Statement on the same Trading Day that the Company telephonically confirms effectiveness with the Commission, which shall be the date requested for effectiveness of such Registration Statement. The Company shall, by 9:30 a.m. Eastern Time on the Trading Day after the effective date of such Registration Statement, file a final Prospectus with the Commission as required by Rule 424.
Time on a Trading Day. The Company shall promptly notify the Holders (via electronic message or facsimile) of the effectiveness of each such Registration Statement no later than the next Trading Day following the date such Registration Statement is declared effective by the Commission. The Company shall, by 5:00 p.m. Central Time on the Trading Day after the Effective Date (as defined in the Services Agreement), file a final Prospectus with the Commission as required by Rule 424. Notwithstanding anything in this Agreement to the contrary, in the event that any Holder is required by applicable law to be named as an underwriter in a Registration Statement, or in any Prospectus contained therein, in order to have any Registrable Securities then held by such Holder included in such Registration Statement, such Holder may elect by written notice to the Company not to have such Registrable Securities so included, and upon receipt of such notice, the Company shall remove such specified Registrable Securities from inclusion in the Registration Statement.
