Common use of Effectiveness Period Clause in Contracts

Effectiveness Period. The Company shall use its best efforts to keep the Shelf Registration (including the Initial Shelf Registration and any Subsequent Shelf Registration) continuously effective under the Securities Act until the earlier to occur of the fourth anniversary of the date on which the Initial Shelf Registration became effective (the "Effectiveness Period"), or the date on which all Registrable Notes covered by the Initial Shelf Registration have been sold; provided, however, that the Effectiveness Period shall be extended commensurate with any period during which a Shelf Registration which previously has been declared effective by the Commission no longer is in effect as required by this Agreement, or during which sales have been suspended pursuant to Section 5 or Section 7(g) hereof. If a Subsequent Shelf Registration is filed, pursuant to Section 2(b) or 2(c) hereof, the Company shall use its best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as reasonably practicable after such filing and to keep such Registration Statement continuously effective for a period after such effectiveness equal to the Effectiveness Period, less the aggregate number of days during which the Initial Shelf Registration or any Subsequent Shelf Registration was previously in effect. The intent of this provision is that the Shelf Registration (including the Initial Shelf Registration and any Subsequent Shelf Registration) shall be in effect for a number of days, in the aggregate, equal to four years; provided that a Shelf Registration shall not be required to be maintained in effect after all of the Registrable Notes have been sold thereunder or otherwise distributed such that they are no longer deemed to be Registrable Notes hereunder.

Effectiveness Period. The Subject to Section 3 hereof, the Company shall use its best efforts to keep the Shelf Registration (including the Initial Shelf Registration and and/or any Subsequent Shelf Registration) continuously effective under the Securities Act until the earlier to occur for a period of the fourth anniversary of five (5) years following the date on which the Initial Shelf Registration became effective (the "Effectiveness Period"), or the date on which such shorter period ending when all Registrable Notes Securities covered by the Initial Shelf Registration have been sold; provided, howeverhowever , that the Effectiveness Period shall be extended commensurate with by any period during which a Shelf Registration which previously has been declared effective by the Commission no longer is not in effect as required by this Agreement, or during which sales have been suspended suspended, whether pursuant to Section 5 3, Section 5(g) hereof or Section 7(g) hereofotherwise. If a Subsequent Shelf Registration is filed, pursuant to Section 2(b) or 2(c) hereof, the Company shall use its commercially reasonable best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as reasonably practicable after such filing and to keep such Registration Statement continuously effective for a period after such effectiveness equal to the Effectiveness Period, less the aggregate number of days during which the Initial Shelf Registration or any Subsequent Shelf Registration was previously in effect. The intent of this provision is that the Shelf Registration (including the Initial Shelf Registration and and/or any Subsequent Shelf Registration) shall be in effect for a number of days, in the aggregate, equal to four five (5) years; provided provided, however, that a Shelf Registration shall not be required to be maintained in effect after all none of the Registrable Notes have been sold thereunder or otherwise distributed such that they are no longer deemed Securities eligible to be included in a Shelf Registration are Registrable Notes hereunderSecurities.

Effectiveness Period. The Subject to this Section 3 and Section 4 -------------------- hereof, the Company shall use its best efforts to keep the Shelf Registration (including the Initial Shelf Registration and any Subsequent a Shelf Registration) , or Shelf Registrations, continuously effective under the Securities Act until the earlier to occur for a period of the fourth anniversary of three (3) years following the date on which the Initial Shelf Registration became effective (the "Effectiveness Period"), or such shorter -------------------- period ending on the date on which all when there are no Registrable Notes covered by the Initial Shelf Registration have been soldShares; provided, -------- however, that the Effectiveness Period shall be extended commensurate with ------- by any period during which a Shelf Registration which previously has been declared effective by the Commission no longer is not in effect as required by this Agreement, or during which sales have been suspended suspended, whether pursuant to Section 5 Sections 4 or Section 7(g6(g) hereofhereof or otherwise. If a Subsequent Shelf Registration is filed, pursuant to Section 2(bSections 3(b) or 2(c3(c) hereof, the Company shall use its best efforts to cause the Subsequent Shelf Registration to be declared effective promptly as soon as reasonably practicable after such filing and to keep such Registration Statement continuously effective for a period after such effectiveness equal to the Effectiveness Period, Period less the aggregate number of days during which the Initial Shelf Registration or any Subsequent Shelf Registration was previously in effect. The intent of this provision is that the Shelf Registration (including the Initial Shelf Registration and any Subsequent Shelf Registration) shall be in effect for a number of days, in the aggregate, equal to four three (3) years; provided provided, however, that -------- ------- a Shelf Registration shall not be required to be maintained in effect after all the date when (i) there are no Registrable Shares or (ii) at least two years have elapsed in the Effectiveness Period and the Registrable Shares in the Effectiveness Period and the Registrable Shares represent less than 3% of the Registrable Notes have been sold thereunder or otherwise distributed such that they are no longer deemed to be Registrable Notes hereunderthen outstanding Common Stock.

Effectiveness Period. The Company shall use its best efforts to keep the Shelf Registration (including the Initial Shelf Registration and any Subsequent Shelf Registration) continuously effective under the Securities Act until the earlier to occur of the fourth anniversary of the date on which the Initial Shelf Registration became effective (the "Effectiveness Period"), or the date on which all Registrable Notes Securities covered by the Initial Shelf Registration have been sold; provided, however, that the Effectiveness Period shall be extended commensurate with any period during which a Shelf Registration which previously has been declared effective by the Commission no longer is in effect as required by this Agreement, or during which sales have been suspended pursuant to Section 5 or Section 7(g) hereof. If a Subsequent Shelf Registration is filed, pursuant to Section 2(b) or 2(c) hereof, the Company shall use its best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as reasonably practicable after such filing and to keep such Registration Statement continuously effective for a period after such effectiveness equal to the Effectiveness Period, less the aggregate number of days during which the Initial Shelf Registration or any Subsequent Shelf Registration was previously in effect. The intent of this provision is that the Shelf Registration (including the Initial Shelf Registration and any Subsequent Shelf Registration) shall be in effect for a number of days, in the aggregate, equal to four years; provided that a Shelf Registration shall not be required to be maintained in effect after all of the Registrable Notes have been sold thereunder or otherwise distributed such that they are no longer deemed to be Registrable Notes hereunder.Shelf

Effectiveness Period. The Subject to Section 3 hereof, the Company shall use its best efforts to keep the Shelf Registration (including the Initial Shelf Registration and and/or any Subsequent Shelf Registration) continuously effective under the Securities Act until the earlier to occur for a period of the fourth anniversary of five (5) years following the date on which the Initial Shelf Registration became effective (the "Effectiveness Period"), or the date on which such shorter period ending when all Registrable Notes Securities covered by the Initial Shelf Registration have been sold; provided, howeverhowever , that the -------- ------- Effectiveness Period shall be extended commensurate with by any period during which a Shelf Registration which previously has been declared effective by the Commission no longer is not in effect as required by this Agreement, or during which sales have been suspended suspended, whether pursuant to Section 5 3, Section 5(g) hereof or Section 7(g) hereofotherwise. If a Subsequent Shelf Registration is filed, pursuant to Section 2(b) or 2(c) hereof, the Company shall use its commercially reasonable best efforts to cause the Subsequent Shelf Registration to be declared effective as soon as reasonably practicable after such filing and to keep such Registration Statement continuously effective for a period after such effectiveness equal to the Effectiveness Period, less the aggregate number of days during which the Initial Shelf Registration or any Subsequent Shelf Registration was previously in effect. The intent of this provision is that the Shelf Registration (including the Initial Shelf Registration and and/or any Subsequent Shelf Registration) shall be in effect for a number of days, in the aggregate, equal to four five (5) years; provided provided, however, that a Shelf Registration shall not be required to -------- ------- be maintained in effect after all none of the Registrable Notes have been sold thereunder or otherwise distributed such that they are no longer deemed Securities eligible to be included in a Shelf Registration are Registrable Notes hereunderSecurities.