Common use of Actively Traded Security Clause in Contracts

Actively Traded Security. The Common Shares are an “actively traded security” excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. uu. Proprietary Trading by the Agent. The Company consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the same time as sales of Placement Shares occur pursuant to this Agreement or any Alternative Distribution Agreement. vv.

Actively Traded Security. The Common Shares are an “actively actively-traded security” excepted exempted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. uu. Proprietary Trading Any certificate signed by an officer of the Company and delivered to Agent or to counsel for Agent pursuant to or in connection with this Agreement shall be deemed to be a representation and warranty by the Agent. The Company consents Company, as applicable, to Agent as to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the same time as sales of Placement Shares occur pursuant to this Agreement or any Alternative Distribution Agreement. vvmatters set forth therein.

Actively Traded Security. The Common Shares are is an “actively traded security” excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. uu. Proprietary Trading by the Agent. The Company consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the same time as sales of Placement Shares occur pursuant to this Agreement or any Alternative Distribution Agreement. vv.

Actively Traded Security. The Common Shares are Stock is an “actively traded security” excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. uu. Proprietary Trading by the Agent. The Company acknowledges that the Sales Agent and, for purposes of the opinions to be delivered pursuant to Sections 5 and 6 hereof, counsel to the Company and counsel to the Sales Agent, will rely upon the accuracy and truthfulness of the foregoing representations and hereby consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the same time as sales of Placement Shares occur pursuant to this Agreement or any Alternative Distribution Agreement. vvsuch reliance.

Actively Traded Security. The Except under circumstances where the Company has provided the Agents, Forward Purchasers or Forward Sellers with the notice required pursuant to Section 7(y) of this Agreement, the Common Shares are an “actively traded security” excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. uu. Proprietary Trading by the Agent. The Company consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the same time as sales of Placement Shares occur pursuant to this Agreement or any Alternative Distribution Agreement. vv.

Actively Traded Security. The Common Shares are an “"actively traded security” " excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. uu. Proprietary Trading by the Agent. The Company consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the same time as sales of Placement Shares occur pursuant to this Agreement or any Alternative Distribution Agreement. vv.

Actively Traded Security. The Common Shares are an “actively traded security” excepted from the requirements of Rule 101 of Regulation M under the Exchange Act by subsection (c)(1) of such rule. uu. Proprietary Trading by the Agent. The Company consents to the Agent and the Forward Purchaser trading in the Company’s Common Shares for their respective accounts and for the accounts of their respective clients at the same time as sales of Placement Shares occur pursuant to this Agreement or any Alternative Distribution Agreement. vv.14