Common use of Establishment of a Black Out Period Clause in Contracts

Establishment of a Black Out Period. During the Commitment Period, the Company from time to time may suspend the use of the Registration Statement by written notice to the Investor in the event that the Company determines in its sole discretion and in good faith that such suspension is necessary to amend or supplement the Registration Statement or Prospectus so that such Registration Statement or Prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading or if the Company has otherwise initiated a black out period in accordance with its corporate procedures and policies or as required in accordance with Applicable Laws (a “Black Out Period”), provided that, to the extent permitted under Applicable Law, the Company shall use its reasonable efforts not to initiate any Black Out Period for the period beginning upon the delivery of an Advance Notice and ending three Trading Days following the Closing of such Advance.