Common use of New Registration Statement Clause in Contracts

New Registration Statement. If by the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, any of the Securities remain unsold by the Underwriters, the Company will file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the Securities. If at the Renewal Deadline the Company is no longer eligible to file an automatic shelf registration statement, the Company will, if it has not already done so, file a new registration statement relating to the Securities and will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will take all other action necessary or appropriate to permit the public offering and sale of the Securities to continue as contemplated in the expired registration statement relating to the Securities. References herein to the Registration Statement shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

New Registration Statement. If by If, immediately prior to the third (3rd) anniversary (the “Renewal Deadline”) of the initial effective date of the Registration StatementStatement (the “Renewal Date”), any of the Securities Placement Shares remain unsold by the Underwritersand this Agreement has not been terminated for any reason, the Company will filewill, prior to the Renewal Date, file a new shelf registration statement or, if it has not already done so and is eligible to do soapplicable, a new an automatic shelf registration statement relating to the Securities. If at Placement Shares, in a form satisfactory to the Renewal Deadline the Company Sales Agent and its counsel, and, if such registration statement is no longer eligible to file not an automatic shelf registration statement, the Company will, if it has not already done so, file a new registration statement relating to the Securities and will use its reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Renewal DeadlineDate. The Company will take all other action reasonable actions necessary or appropriate to permit the public offering offer and sale of the Securities Placement Shares to continue as contemplated in the expired registration statement relating to the SecuritiesPlacement Shares. References From and after the effective date thereof, references herein to the “Registration Statement Statement” shall include such new automatic shelf registration statement or such new automatic shelf registration statement, as the case may be.

New Registration Statement. If by If, immediately prior to the third (3rd) anniversary (the “Renewal Deadline”) of the initial effective date of the Registration StatementStatement (the “Renewal Date”), any of the Securities Placement Shares remain unsold by the Underwritersand this Agreement has not been terminated for any reason, the Company will filewill, prior to the Renewal Date, file a new shelf registration statement or, if it has not already done so and is eligible to do soapplicable, a new an automatic shelf registration statement relating to the Securities. If at Placement Shares, in a form satisfactory to the Renewal Deadline the Company Sales Agent and its counsel, and, if such registration statement is no longer eligible to file not an automatic shelf registration statement, the Company will, if it has not already done so, file a new registration statement relating to the Securities and will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal DeadlineDate. The Company will take all other action reasonable actions necessary or appropriate to permit the public offering offer and sale of the Securities Placement Shares to continue as contemplated in the expired registration statement relating to the SecuritiesPlacement Shares. References From and after the effective date thereof, references herein to the “Registration Statement Statement” shall include such new automatic shelf registration statement or such new automatic shelf registration statement, as the case may be.