Common use of Failure to File Clause in Contracts

Failure to File. If the Company fails to file any registration statement to be filed pursuant to a request for registration under Section 7(a), the Investor requesting such registration will have the right to withdraw the request for registration. Any such withdrawal must be made by giving written notice to the Company within 20 days after, in the case of a request pursuant to Section 7(a), the date on which a registration statement would otherwise have been required to have been filed with the SEC under Section 7(e)(i)(A). In the event of such withdrawal, the request for registration will not be counted for purposes of determining the number of registrations to which the Investor is entitled pursuant to Section 7(a). The Company will pay all Expenses incurred in connection with a request for registration withdrawn pursuant to this paragraph.