Common use of Notice of Inability to Use Automatic Shelf Registration Statement Form Clause in Contracts

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Companies or the Guarantors receive from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease to be eligible to use the automatic shelf registration statement form for the sale of Notes, the Companies and the Guarantors will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the Representatives, (iii) use their best efforts to cause such registration statement of post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies and the Guarantors will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and the Guarantors have otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Companies Company or any of the Guarantors receive receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies Company and the Guarantors will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form reasonably satisfactory to the Representatives, (iii) use their reasonable best efforts to cause such registration statement of post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies Company and the Guarantors will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and Company or any of the Guarantors have has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If If, at any time during the Prospectus Delivery Period, either the Companies Company or the Guarantors receive Guarantor receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies Company and the Guarantors Guarantor will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form and substance satisfactory to the Representatives, (iii) use their its best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies Each of the Company and the Guarantors Guarantor will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and Company or the Guarantors have Guarantor has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Companies Issuer or the Guarantors receive Guarantor receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies Issuer and the Guarantors Guarantor will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representatives, (iii) use their best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies Issuer and the Guarantors Guarantor will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and Issuer or the Guarantors Guarantor have otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Companies Issuer or the Guarantors receive Guarantor receives from the Commission a notice pursuant to Rule 401(g)(2) under the Securities Act or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies Issuer and the Guarantors Guarantor will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form reasonably satisfactory to the Representatives, (iii) use their best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies Issuer and the Guarantors Guarantor will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and Issuer or the Guarantors have Guarantor has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Companies or the Guarantors receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) under the Securities Act or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies and the Guarantors Company will (i) promptly notify the RepresentativesRepresentatives and the Borrowers, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesShares, in a form satisfactory to the RepresentativesRepresentatives and the Borrowers, (iii) use their best its commercially reasonable efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives and the Borrowers of such effectiveness. The Companies and the Guarantors Company will take all other action necessary or appropriate to permit the public offering and sale of the Notes Shares to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and the Guarantors have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during when the Prospectus Delivery Period, Company has been notified the Companies or Offered Securities remain unsold by the Guarantors receive Underwriters the Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies and the Guarantors Company will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesOffered Securities, in a form satisfactory to the Representatives, (iii) use their its reasonable best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies and the Guarantors Company will take all other reasonable action necessary or appropriate to permit the public offering and sale of the Notes Offered Securities and Securities Guarantees to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and the Guarantors have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Companies Issuer or any of the Guarantors receive receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies Issuer and the Guarantors will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representatives, (iii) use their best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies Issuer and the Guarantors will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and Issuer or the Guarantors have otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during the Prospectus Delivery Period, the Companies or the Guarantors receive from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease to be eligible to use the automatic shelf registration statement form for the sale of Notes, the Companies and the Guarantors will (i) promptly notify the RepresentativesRepresentative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the Notes, in a form satisfactory to the RepresentativesRepresentative, (iii) use their best efforts to cause such registration statement of post-effective amendment to be declared effective and (iv) promptly notify the Representatives Representative of such effectiveness. The Companies and the Guarantors will take all other action necessary or appropriate to permit the public offering and sale of the Notes to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and the Guarantors have otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during when Securities remain unsold by the Prospectus Delivery Period, Underwriters the Companies or the Guarantors receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) of the 1933 Act Regulations or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies and the Guarantors Company will (i) promptly notify the RepresentativesRepresentative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form reasonably satisfactory to the RepresentativesRepresentative, (iii) use their its reasonable best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives Representative of such effectiveness. The Companies and the Guarantors Company will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) of the 1933 Act Regulations notice or for which the Companies and the Guarantors have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If If, at any time during the Prospectus Delivery Period, the Companies Company or the Guarantors receive any Guarantor receives from the Commission a notice pursuant to Rule 401(g)(2) of the 1933 Act Regulations or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies Company and the Guarantors each Guarantor will (i) promptly notify the Representatives, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form satisfactory to the Representatives, (iii) use their reasonable best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives of such effectiveness. The Companies Company and the Guarantors each Guarantor will take all other action necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and the Guarantors have Company or any such Guarantor has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during when the Prospectus Delivery Period, Company has been notified the Companies or Offered Securities remain unsold by the Guarantors receive Underwriters the Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies and the Guarantors Company will (i) promptly notify the RepresentativesRepresentative, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesOffered Securities, in a form satisfactory to the RepresentativesRepresentative, (iii) use their its reasonable best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives Representative of such effectiveness. The Companies and the Guarantors Company will take all other reasonable action necessary or appropriate to permit the public offering and sale of the Notes Offered Securities and Securities Guarantees to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and the Guarantors have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during when Securities remain unsold by the Prospectus Delivery Period, Underwriter the Companies Operating Partnership or the Guarantors receive Company receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies Operating Partnership and the Guarantors Company will (i) promptly notify the RepresentativesUnderwriter, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesSecurities, in a form reasonably satisfactory to the RepresentativesUnderwriter, (iii) use their respective reasonable best efforts to cause such registration statement of post-effective amendment to be declared effective as promptly as practicable and (iv) promptly notify the Representatives Underwriter of such effectiveness. The Companies Each of the Operating Partnership and the Guarantors Company will take all other action reasonably necessary or appropriate to permit the public offering and sale of the Notes Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and Operating Partnership or the Guarantors have Company has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.

Notice of Inability to Use Automatic Shelf Registration Statement Form. If at any time during time, when the Prospectus Delivery PeriodDebt Securities remain unsold by the Underwriters, the Companies or the Guarantors receive Issuer receives from the Commission a notice pursuant to Rule 401(g)(2) or otherwise cease ceases to be eligible to use the automatic shelf registration statement form for the sale of Notesform, the Companies and the Guarantors Issuer will (i) promptly notify the RepresentativesLead Managers, (ii) promptly file a new registration statement or post-effective amendment on the proper form relating to the NotesDebt Securities, in a form satisfactory to the RepresentativesLead Managers, (iii) use their best efforts to cause such registration statement of or post-effective amendment to be declared effective and (iv) promptly notify the Representatives Lead Managers of such effectiveness. The Companies and the Guarantors Issuer will take all other action necessary or appropriate to permit the public offering and sale of the Notes Debt Securities to continue as contemplated in the registration statement that was the subject of the Rule 401(g)(2) notice or for which the Companies and the Guarantors have Issuer has otherwise become ineligible. References herein to the Registration Statement shall include such new registration statement or post-effective amendment, as the case may be.