Common use of Filing of Shelf Registration Clause in Contracts

Filing of Shelf Registration. At any time following the 181st day after the closing of the IPO (the “Shelf Filing Eligibility Date”), the Company may file with the SEC a shelf Registration Statement pursuant to Rule 415 under the Securities Act (a “Shelf Registration Statement”) with respect to the resale of all of the Registrable Securities held by the Holders. Notwithstanding the foregoing, in the event that, at any time following the Shelf Filing Eligibility Date, the Company has not effected or is not diligently pursuing a Shelf Registration Statement pursuant to the foregoing sentence, then, upon the written request of any Holder (the “Shelf Registration Request”), the Company shall promptly file with the SEC such Shelf Registration Statement with respect to the resale of all of the Registrable Securities held by the Holders. Irrespective of whether the filing of the Shelf Registration Statement was pursuant to the Shelf Registration Request, the Company shall use its commercially reasonable efforts to cause the Shelf Registration Statement to promptly (but in any event within ninety (90) days) be declared (or become) effective under the Securities Act. Any such Registration pursuant to this Section 3.2.1 shall hereinafter be referred to as a “Shelf Registration.”

Filing of Shelf Registration. At any time following the later of (i) the 181st day after the closing of the IPO and (ii) the date on which the Company is eligible to use a shelf Registration Statement pursuant to Rule 415 under the Securities Act (“Shelf Registration Statement”) (the “Shelf Filing Eligibility Date”), the Company may file with the SEC a shelf Shelf Registration Statement pursuant to Rule 415 under the Securities Act (a “Shelf Registration Statement”) with respect to the resale of all of the Registrable Securities held by the Holders. Notwithstanding the foregoing, in the event that, at any time following the Shelf Filing Eligibility Date, the Company has not effected or is not diligently pursuing a Shelf Registration Statement pursuant to the foregoing sentence, then, upon the written request of any a Holder (the “Shelf Registration Request”), the Company shall promptly file with the SEC such Shelf Registration Statement with respect to the resale of all of the Registrable Securities held by the Holders. Irrespective of whether the filing of the Shelf Registration Statement was pursuant to the Shelf Registration Request, the Company shall use its commercially reasonable efforts to cause the Shelf Registration Statement to promptly (but in any event within ninety (90) days) be declared (or become) effective under the Securities Act. Any such Registration pursuant to this Section 3.2.1 shall hereinafter be referred to as a “Shelf Registration.”

Filing of Shelf Registration. At any time following the 181st day after the closing of the IPO As promptly as practicable (the “Shelf Filing Eligibility Date”but no later than September 15, 2009), the Company may shall file with a “shelf” registration statement (the SEC a shelf Registration Statement pursuant to Rule 415 under the Securities Act (a “Shelf Registration Statement”) with respect the Commission on an appropriate form providing for the Registration and sale on a delayed or continuous basis pursuant to Rule 415 (or any similar provision that may be adopted by the resale of all Commission) under the Act by the Holders of the Registrable Securities held by the Holders. Notwithstanding the foregoing, from time to time in the event that, at any time following the Shelf Filing Eligibility Date, the Company has not effected or is not diligently pursuing a Shelf Registration Statement pursuant to the foregoing sentence, then, upon the written request of any Holder (the “Shelf Registration Request”), the Company shall promptly file with the SEC such Shelf Registration Statement with respect to the resale of all of the Registrable Securities held by the Holders. Irrespective of whether the filing of manner described in the Shelf Registration Statement was pursuant to the Shelf Registration Request, the Statement. The Company shall use its commercially reasonable best efforts to cause the Shelf Registration Statement to promptly (but in any event within ninety (90) days) be declared (or become) effective under the Act as promptly as reasonably practicable following the filing thereof with the Commission, and to keep the Shelf Registration Statement continuously effective until the date that all Registrable Securities Acthave been sold pursuant to the Shelf Registration Statement or until such securities may be sold by the applicable Holders under Rule 144 of the Securities Act without the volume restrictions. Any such The Shelf Registration Statement filed pursuant to this Section 3.2.1 shall hereinafter 3(a)(i) may, subject to the provisions of Section 3(a)(i), include other debt securities of the Company with respect to which registration rights have been or may be referred granted, and may include securities being sold for the account of the Company (collectively, “Other Securities”). The Company in its sole discretion may condition the inclusion of Registrable Securities in a Registration under this Section 3(a) upon the timely provision by such Holder of such information as the Company may reasonably request relating to as a “Shelf the disclosure requirements of Item 507 of Regulation S-K (or any similar disclosure requirement applicable to such Registration).”