Common use of Preemption Clause in Contracts

Preemption. If not more than thirty (30) days prior to receipt of any request for a Demand Registration pursuant to Section 2.1(a), the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of Equity Securities on behalf of the Company, (ii) solicited bids for a primary offering of Equity Securities, or (iii) otherwise reached a written understanding with an underwriter with respect to a primary offering of Equity Securities, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “Preemption Notice”) to the Demanding Holder and all other Holders, within five days after the Company has received the request. The period of preemption may be up to forty-five (45) days following the date such Preemption Notice is delivered. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 2.1(e) more than once during any twelve (12) month period.

Preemption. If not more than thirty (30) days prior to receipt of any request for a Demand Registration pursuant to Section 2.1(a), 5.1(a) the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of Equity Securities equity securities on behalf of the Company, (ii) solicited bids for a primary offering of Equity SecuritiesCommon Shares, or (iii) otherwise reached a written an understanding with an underwriter with respect to a primary offering of Equity SecuritiesCommon Shares, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “Preemption Notice”) to the Demanding Holder and all other Holders, Holders making a request for a Demand Registration within five three (3) business days after the Company has received the request. The period of preemption may be up to forty-five (45) days following the date such of the Preemption Notice is deliveredNotice. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 2.1(e5.1(f) more than once during any twelve (12) month period.

Preemption. If not more than thirty (30) 30 days prior to receipt of any request for a Demand Registration pursuant to Section 2.1(a), the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of Equity Securities on behalf of the Company, (ii) solicited bids for a primary offering of Equity Securities, or (iii) otherwise reached a written understanding with an underwriter with respect to a primary offering of Equity Securities, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “Preemption Notice”) to the Demanding Holder Investor and all other HoldersHolders of Registrable Securities, within five days after the Company has received the request. The period of preemption may be up to forty-five (45) 45 days following the date such Preemption Notice is delivered. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 2.1(e2.1(f) more than once during any twelve (12) -month period.

Preemption. If not more than thirty (30) days prior to receipt of any request for a Demand Registration pursuant to Section 2.1(a), 2.2(a) the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of Equity Securities equity securities on behalf of the Company, (ii) solicited bids for a primary offering of Equity Securities, or (iii) otherwise reached a written an understanding with an underwriter with respect to a primary offering of Equity Securities, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “Preemption Notice”) to the Demanding Holder and all other Holders, Holders making a request for a Demand Registration within five days after the Company has received the request. The period of preemption may be up to forty-five (45) days following the date such of the Preemption Notice is deliveredNotice. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 2.1(e2.2(f) more than once during any twelve (12) -month period.

Preemption. If not more than thirty (30) 30 days prior to receipt of any request for a Demand Registration pursuant to Section 2.1(a), 5.2(a) the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of Equity Securities equity securities on behalf of the Company, (ii) solicited bids for a primary offering of Equity Securitiesshares of Company Shares, or (iii) otherwise reached a written an understanding with an underwriter with respect to a primary offering of Equity Securitiesshares of Company Shares, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “Preemption Notice”) to the Demanding Holder and all other Holders, Holders making a request for a Demand Registration within five days after the Company has received the request. The period of preemption may be up to forty-five (45) 45 days following the date such of the Preemption Notice is deliveredNotice. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 2.1(e5.2(f) more than once during any twelve (12) -month period.

Preemption. If not more than thirty (30) days prior to receipt of any request for a Demand Registration pursuant to Section 2.1(a), 2.02(a) the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of Equity Securities equity securities on behalf of the Company, (ii) solicited bids for a primary offering of Equity Securitiesequity securities, or (iii) otherwise reached a written an understanding with an underwriter with respect to a primary offering of Equity Securitiesequity securities, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “"Preemption Notice”") to the Demanding Holder Investor and all other Holders, Holders within five days after the Company has received the requestrequest for a Demand Registration. The period of preemption may be up to forty-five (45) days following the date such Preemption Notice is delivered. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 2.1(e2.02(f) more than once during any twelve (12) twelve-month period.

Preemption. If not more than thirty (30) 30 days prior to receipt of any request for a Demand Registration pursuant to Section 2.1(a2. l(a), the Company shall have (i) circulated to prospective underwriters and their counsel a draft of a Registration Statement for a primary offering of Equity Securities on behalf of the Company, (ii) solicited bids for a primary offering of Equity Securities, or (iii) otherwise reached a written understanding with an underwriter with respect to a primary offering of Equity Securities, the Company may preempt the Demand Registration with such primary offering by delivering written notice of such intention (the “"Preemption Notice”") to the Demanding Holder Investor and all other HoldersHolders of Registrable Securities, within five days after the Company has received the request. The period of preemption may be up to forty-five (45) 45 days following the date such Preemption Notice is delivered. Notwithstanding anything to the contrary herein, the Company shall not be entitled to exercise its right to preempt a Demand Registration pursuant to this Section 2.1(e2.l(f) more than once during any twelve (12) -month period.