Common use of Registration Defaults Clause in Contracts

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then the Issuers shall pay liquidated damages (the “Special Interest”) to the Holders of Securities in respect of the Securities as follows: (a) if the Issuers fail to consummate the Registered Exchange Offer within 300 Business Days following the Closing Date; or (b) if the Shelf Registration Statement or the Exchange Offer Registration Statement is declared effective but thereafter ceases to be effective or usable in connection with resales of Registrable Securities during the periods specified in this Agreement, then, in each case, as of the date any such event occurs, Special Interest shall accrue on the Registrable Securities at a rate of .25% per annum of the principal amount of Registrable Securities outstanding for the first 90 days from and including such date; thereafter, the Special Interest will increase by an additional .25% per annum with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of 1.0% per annum of the principal amount of the Registrable Securities outstanding. All accrued Special Interest will be paid by the Issuers on the next scheduled interest payment date to DTC or its nominee by wire transfer of immediately available funds or by federal funds check and to holders of certificated notes by wire transfer to the accounts specified by them or by mailing checks to their registered addresses if no such accounts have been specified. A Registration Default shall have been cured for purposes hereof (1) upon consummation of the Registered Exchange Offer (in the case of paragraph (a) above) or (2) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above). Immediately upon the cure of all Registration Defaults, the accrual of Special Interest will cease.

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then the Issuers shall pay liquidated damages (the “Special Interest”) to the Holders of Securities in respect of the Securities as follows: (a) if the Issuers fail to consummate the Registered Exchange Offer within 300 365 Business Days following the Closing Date; or (b) if the Shelf Registration Statement or the Exchange Offer Registration Statement is declared effective but thereafter ceases to be effective or usable in connection with resales of Registrable Securities during the periods specified in this Agreement, then, in each case, as of the date any such event occurs, Special Interest shall accrue on the Registrable Securities at a rate of .250.25% per annum of the principal amount of Registrable Securities outstanding for the first 90 days from and including such date; thereafter, the Special Interest will increase by an additional .250.25% per annum with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of 1.0% per annum of the principal amount of the Registrable Securities outstanding. All accrued Special Interest will be paid by the Issuers on the next scheduled interest payment date to DTC or its nominee by wire transfer of immediately available funds or by federal funds check and to holders Holders of certificated notes by wire transfer to the accounts specified by them or by mailing checks to their registered addresses if no such accounts have been specified. A Registration Default shall have been cured for purposes hereof (1) upon consummation of the Registered Exchange Offer (in the case of paragraph (a) above) or (2) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above). Immediately upon the cure of all Registration Defaults, the accrual of Special Interest will cease.

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then Securities are not Freely Tradable by the Issuers shall pay liquidated damages (the “Special Interest”) to the Holders of Securities in respect of the Securities as followsOutside Date and either: (a) if The Issuer has not exchanged Exchange Notes for all Notes validly tendered in accordance with the Issuers fail to consummate the Registered terms of an Exchange Offer within 300 Business Days following on or prior to 120 days after the Closing Outside Date; or (b) if the If applicable, a Shelf Registration Statement or covering resales of the Exchange Offer applicable series of Notes has been declared effective and such Shelf Registration Statement is declared effective but thereafter ceases to be effective or usable in connection with resales of Registrable Securities at any time during the periods specified in this AgreementShelf Registration Period, then, in (each case, as of the date any such event occursreferred to in (a) and (b), Special Interest shall accrue a “Registration Default”), the interest rate on the Registrable Securities at a rate of .25will be increased by (i) 0.25% per annum of the principal amount of Registrable Securities outstanding for the first 90 days from 90-day period immediately following the occurrence of the first Registration Default and including such date; thereafter, the Special Interest will increase by (ii) an additional .250.25% per annum with respect to each subsequent 90-day period until all such Registration Defaults have been cured, cured or the Securities become Freely Tradable Securities up to a maximum amount aggregate increase of 1.00.5% per annum of (such increased interest, the principal amount of “Additional Interest”), commencing on (x) 120 days following the Registrable Securities outstanding. All accrued Special Interest will be paid by the Issuers on the next scheduled interest payment date to DTC or its nominee by wire transfer of immediately available funds or by federal funds check and to holders of certificated notes by wire transfer to the accounts specified by them or by mailing checks to their registered addresses if no such accounts have been specified. A Registration Default shall have been cured for purposes hereof (1) upon consummation of the Registered Exchange Offer (Outside Date, in the case of paragraph (a) above) , or (2y) the day such Shelf Registration Statement ceases to be effective, in the case of (b) above; provided, however, that upon the exchange of New Securities for all Securities tendered, in the case of (a) above, or upon the effectiveness of the a Shelf Registration Statement which that had ceased to remain effective (effective, in the case of paragraph (b) above). Immediately upon the cure , Additional Interest as a result of all Registration Defaults, the accrual of Special Interest will ceasesuch clause shall cease to accrue.

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then the Issuers shall pay liquidated damages (the “Special Interest”) to the Holders of Securities in respect of the Securities as follows: (a) if the Issuers fail to consummate the Registered Exchange Offer within 300 Business 365 Days following the Closing Date; or (b) if the Shelf Registration Statement or the Exchange Offer Registration Statement is declared effective but thereafter ceases to be effective or usable in connection with resales of Registrable Securities during the periods specified in this Agreement, then, in each case, as of the date any such event occurs, Special Interest shall accrue on the Registrable Securities at a rate of .250.25% per annum of the principal amount of Registrable Securities outstanding for the first 90 days from and including such date; thereafter, the Special Interest will increase by an additional .250.25% per annum with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of 1.0% per annum of the principal amount of the Registrable Securities outstanding. All accrued Special Interest will be paid by the Issuers on the next scheduled interest payment date to DTC or its nominee by wire transfer of immediately available funds or by federal funds check and to holders Holders of certificated notes by wire transfer to the accounts specified by them or by mailing checks to their registered addresses if no such accounts have been specified. A Registration Default shall have been cured for purposes hereof (1) upon consummation of the Registered Exchange Offer (in the case of paragraph (a) above) or (2) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above). Immediately upon the cure of all Registration Defaults, the accrual of Special Interest will cease.

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then the Issuers shall pay liquidated damages (the “Special Interest”) to the Holders of Securities in respect of the Securities as follows: (a) if any Registration Statement required by this Agreement is not filed with the Commission on or prior to the date specified for such filing in this Agreement, (b) if any Registration Statement required by this Agreement is not declared effective by the Commission on or prior to the date specified to cause such effectiveness under this Agreement, (c) if the Issuers fail to consummate the Registered Exchange Offer within 300 30 Business Days following of the Closing Date; or (b) if the Shelf Registration Statement or date specified for such effectiveness with respect to the Exchange Offer Registration Statement, (d) if any Registration Statement is required by this Agreement has been declared effective but thereafter ceases to be effective or usable in connection with resales of Registrable Securities during the periods specified in this Agreement, then, in each case, as of the date any such event occurs, Special Interest shall accrue on the Registrable Securities at a rate of .25% per annum of the principal amount of Registrable Securities outstanding for the first 90 days from and including such date; thereafter, the Special Interest will increase by an additional .25% per annum with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of 1.0% per annum of the principal amount of the Registrable Securities outstanding. All accrued Special Interest will be paid by the Issuers on the next scheduled interest payment date to DTC or its nominee by wire transfer of immediately available funds or by federal funds check and to holders of certificated notes by wire transfer to the accounts specified by them or by mailing checks to their registered addresses if no such accounts have been specifiedannum. A Registration Default shall have been cured for purposes hereof (1) upon consummation the filing of the Registered Exchange Offer Registration Statement (in the case of paragraph (a) above), (2) upon the effectiveness of the Registration Statement (in the case of paragraph (b) above), (3) upon consummation of the Exchange Offer (in the case of paragraph (c) above), or (24) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (bd) above). Immediately upon the cure of all Registration Defaults, the accrual of Special Interest will cease.

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then the Issuers Issuer and the Company shall pay additional interest as liquidated damages (the “Special Additional Interest”) to the Holders of Securities in respect of the Securities as follows: (a) if the Issuers fail to consummate the Registered Exchange Offer within 300 Business Days following the Closing Date; or (b) if the Shelf any Registration Statement required by this Agreement is not filed with the Commission on or prior to the Exchange Offer Registration Statement is declared effective but thereafter ceases to be effective or usable in connection with resales of Registrable Securities during the periods date specified for such filing in this Agreement, then, in each case, as of the date any such event occurs, Special then Additional Interest shall accrue on the Registrable Securities at a rate of .250.25% per annum of annum; or (b) if any Registration Statement required by this Agreement is not declared effective by the principal amount of Registrable Securities outstanding for Commission on or prior to the first 90 days from and including date by which best efforts are to be used to cause such effectiveness under this Agreement, then commencing on the day after such specified date; thereafter, the Special Additional Interest will increase by an additional .25% per annum with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of 1.0% per annum of the principal amount of shall accrue on the Registrable Securities outstanding. All accrued Special Interest will at a rate of 0.25% per annum; or (c) if any Registration Statement required by this Agreement has been declared effective but ceases to be paid by the Issuers effective at any time at which it is required to be effective under this Agreement, then commencing on the next scheduled interest payment date day the Registration Statement ceases to DTC be effective, Additional Interest shall accrue on the Registrable Securities at a rate of 0.25% per annum; or (d) if the Exchange Offer is not completed on or its nominee by wire transfer of immediately available funds or by federal funds check and to holders of certificated notes by wire transfer prior to the accounts date by which the Exchange Offer is scheduled to be completed, then commencing on the day after such specified by them or by mailing checks to their registered addresses if no such accounts have been specifieddate, Additional Interest shall accrue on the Registrable Securities at a rate of 0.25% per annum. A Registration Default shall have been cured for purposes hereof provided, however, that (1) upon consummation the filing of the Registered Exchange Offer Registration Statement (in the case of paragraph (a) above) or ), (2) upon the effectiveness of the Registration Statement (in the case of paragraph (b) above), (3) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (bc) above). Immediately , or (4) upon the cure completion of all Registration Defaultsthe Exchange Offer (in the case of paragraph (d) above), the accrual of Special Additional Interest will ceaseshall cease to accrue.

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then the Issuers shall pay liquidated damages (the “Special Interest”) to the Holders of Securities in respect of the Securities as follows: (a) if the Issuers fail to consummate the Registered Exchange Offer within 300 Business Days following the Closing Date; or (b) if the Shelf Registration Statement or the Exchange Offer Registration Statement is declared effective but thereafter ceases to be effective or usable in connection with resales of Registrable Securities during the periods specified in this Agreement, then, in each case, as of the date any such event occurs, Special Interest shall accrue on the Registrable Securities at a rate of .25% per annum of the principal amount of Registrable Securities outstanding for the first 90 days from and including such date; thereafter, the Special Interest will increase by an additional .25% per annum with respect to each subsequent 90-day period until all Registration Defaults have been cured, up to a maximum amount of 1.0% per annum of the principal amount of the Registrable Securities outstanding. All accrued Special Interest will be paid by the Issuers Issuer on the next scheduled interest payment date to DTC or its nominee by wire transfer of immediately available funds or by federal funds check and to holders of certificated notes by wire transfer to the accounts specified by them or by mailing checks to their registered addresses if no such accounts have been specified. A Registration Default shall have been cured for purposes hereof (1) upon consummation of the Registered Exchange Offer (in the case of paragraph (a) above) or (2) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above). Immediately upon the cure of all Registration Defaults, the accrual of Special Interest will cease.

Registration Defaults. If any of the following events (each, a “Registration Default”) shall occur, then the Issuers shall pay liquidated damages (the “Special Interest”) to the Holders of Securities in respect of the Securities as followsIf: (a) if on or prior to the Issuers fail to consummate 120th day following the Registered date of original issuance of the Securities, neither the Exchange Offer within 300 Business Days following Registration Statement nor the Closing DateShelf Registration Statement has been filed with the Commission; or (b) if on or prior to the 210th day following the date of original issuance of the Securities, neither the Exchange Offer Registration Statement nor the Shelf Registration Statement has been declared effective; or (c) on or prior to the 45th business day after the Exchange Offer Registration Statement is declared effective but effective, the Registered Exchange Offer has not been consummated; or (d) after either the Exchange Offer Registration Statement or the Shelf Registration Statement has been declared effective, such Registration Statement thereafter ceases to be effective or usable (subject to the exceptions contained in this Agreement) in connection with resales of Registrable the Securities or New Securities in accordance with and during the periods specified in this Agreement; (each such event referred to in clauses (a) through (d) a “Registration Default”)), then, in each casethe Company shall pay liquidated damages (“Registration Default Damages”) to the Holders of the Securities or New Securities, as of the date any such event occurs, Special Interest case may be. Registration Default Damages shall accrue on the Registrable Securities at a rate of .250.25% per annum of the principal amount of Registrable Securities outstanding for the first 90 days from and including such date; thereafter, the Special Interest will increase date of a Registration Default (which rate shall be increased by an additional .250.25% per annum with respect to for each subsequent 90-day period that such Registration Default Damages continue to accrue, provided that the rate of such Registration Default Damages may in not event exceed 1.00% per annum) until all such Registration Defaults have been cured, up to a maximum amount of 1.0% per annum of the principal amount of the Registrable Securities outstanding. All accrued Special Interest will be paid by the Issuers on the next scheduled interest payment date to DTC or its nominee by wire transfer of immediately available funds or by federal funds check and to holders of certificated notes by wire transfer to the accounts specified by them or by mailing checks to their registered addresses if no such accounts have been specified. A Registration Default shall have been cured for purposes hereof (1) upon consummation of the Registered Exchange Offer (in the case of paragraph (a) above) or (2) upon the effectiveness of the Registration Statement which had ceased to remain effective (in the case of paragraph (b) above). Immediately upon the cure of all Registration Defaults, the accrual of Special Interest will cease.