Common use of Other Procedures Clause in Contracts

Other Procedures. (a) Subject to the remaining provisions of this Section 4(a) and the Company’s obligation to use best efforts under Section 3, the Company shall be required to maintain the effectiveness of a registration statement (under Form S-1 or Form S-3) until the earlier of (i) the sale of all Registrable Securities or (ii) forty-eight (48) months from the effective date of the registration statement. The Company shall have no liability to the Investor for delays in the Investor being able to sell the Registrable Securities (i) as long as the Company uses its best efforts to file a registration statement, amendments to a registration statement, post-effective amendments to a registration statement or supplements to a prospectus contained in a registration statement (including any amendment or post effective amendments), (ii) where the required financial statements or auditor’s consents are unavailable or (iii) where the Company would be required to disclose information at a time when it has no duty to disclose such information under the Securities Act, the Exchange Act, or the rules and regulations of the Commission, provided, however, any suspension under clauses (ii) or (iii) shall not exceed 180 days in any 12 month period.

Other Procedures. (a) Subject to the remaining other provisions of this Section 4(a) and the Company’s general obligation to use best commercially reasonable efforts under Section 3, the Company shall be required to maintain the effectiveness of a registration statement (under on Form S-1 or Form S-3S-1) until the earlier of (i) the sale of all Registrable Securities or (ii) forty-eight (48) 12 months from the effective date of the registration statementthis Agreement. The Company shall have no liability to the Investor Investors for delays in the Investor Investors being able to sell the Registrable Securities (i) as long as the Company uses its best commercially reasonable efforts to file a registration statement, amendments to a registration statement, post-effective amendments to a registration statement or supplements to a prospectus contained in a registration statement (including any amendment or post effective amendments), (ii) where the required financial statements or auditor’s consents are unavailable or (iii) where the Company would be required to disclose information at a time when it has no duty to disclose such information under the Securities Act, the Exchange Act, or the rules and regulations of the Commission, provided, however, any suspension under clauses (ii) or (iii) shall not exceed 180 days in any 12 month periodSEC.

Other Procedures. (a) Subject to the remaining provisions of this Section 4(a) and the Company’s general obligation to use best efforts under Section 3, the Company shall be required to maintain the effectiveness of a registration statement (under Form S-1 or Form S-3) until the earlier of (i) the sale of all Registrable Securities or (ii) forty-eight (48) months from the effective date of the registration statement. The Company shall have no liability to the Investor for delays in the Investor being able to sell the Registrable Securities (i) as long as the Company uses its best efforts to file a registration statement, amendments to a registration statement, post-effective amendments to a registration statement or supplements to a prospectus contained in a registration statement (including any amendment or post effective amendments), (ii) where the required financial statements or auditor’s consents are unavailable or (iii) where the Company would be required to disclose information at a time when it has no duty to disclose such information under the Securities Act, the Exchange Act, or the rules and regulations of the Commission, provided. Provided, however, any suspension under clauses (ii) or (iii) shall not exceed 180 days in any 12 month period.

Other Procedures. (a) Subject to the remaining provisions of this Section 4(a) and the Company’s 's general obligation to use best commercially reasonable efforts under Section 3, the Company shall be required to maintain the effectiveness of a registration statement (under Form S-1 SB-2 or Form S-3) until the earlier of (i) the sale of all Registrable Securities or (ii) forty-eight (48) 12 months from the effective date of the registration statementthis Agreement. The Company shall have no liability to the Investor Investors for delays in the Investor Investors being able to sell the Registrable Securities (i) as long as the Company uses its best commercially reasonable efforts to file a registration statement, amendments to a registration statement, post-effective amendments to a registration statement or supplements to a prospectus contained in a registration statement (including any amendment or post effective amendments), (ii) where the required financial statements or auditor’s 's consents are unavailable or (iii) where the Company would be required to disclose information at a time when it has no duty to disclose such information under the Securities Act, the Exchange Act, or the rules and regulations of the Commission, provided, however, any suspension under clauses (ii) or (iii) shall not exceed 180 days in any 12 month period.

Other Procedures. (a) Subject to the remaining provisions of this Section 4(a) and the Company’s general obligation to use best commercially reasonable efforts under Section 3, the Company shall be required to maintain the effectiveness of a registration statement (under Form S-1 or Form S-3, or successor forms) until the earlier of (i) the sale of all Registrable Securities or (ii) forty-eight (48) 12 months from the effective date of the registration statementthis Agreement. The Company shall have no liability to the Investor for delays in the Investor being able to sell the Registrable Securities (i) as long as the Company uses its best commercially reasonable efforts to file a registration statement, amendments to a registration statement, post-effective amendments to a registration statement or supplements to a prospectus contained in a registration statement (including any amendment or post effective amendments), (ii) where the required financial statements or auditor’s consents are unavailable or (iii) where the Company would be required to disclose information at a time when it has no duty to disclose such information under the Securities Act, the Exchange Act, or the rules and regulations of the Commission, provided, however, any suspension under clauses (ii) or (iii) shall not exceed 180 days in any 12 month period.

Other Procedures. (a) Subject to the remaining provisions of this Section 4(a) and the Company’s general obligation to use best commercially reasonable efforts under Section 3, the Company shall be required to maintain the effectiveness of a registration statement (under Form S-1 or Form S-3) until the earlier of (i) the sale of all Registrable Securities or (ii) forty-eight (48) months from when the effective date of the registration statementCommon Stock may be sold under Rule 144. The Company shall have no liability to the Investor for delays in the Investor being able to sell the Registrable Securities (i) as long as the Company uses its best commercially reasonable efforts to file a registration statement, amendments to a registration statement, post-effective amendments to a registration statement or supplements to a prospectus contained in a registration statement (including any amendment or post effective amendments), (ii) where the required financial statements or auditor’s consents are unavailable or (iii) where the Company would be required to disclose information at a time when it has no duty to disclose such information under the Securities Act, the Exchange Act, or the rules and regulations of the Commission, provided, however, any suspension under clauses (ii) or (iii) shall not exceed 180 days in any 12 month period.