Common use of REGISTRATION RIGHTS IF FORM S Clause in Contracts

REGISTRATION RIGHTS IF FORM S. 3 IS NOT AVAILABLE. The following provisions shall apply with respect to Registrable Securities during the period, if any, beginning on the S-3 Expiration Date (or, if the S-3 Expiration Date shall occur before the first date on which the Exchangeable LLC Units issued pursuant to the Contribution Agreement may be exchanged for shares of Common Stock, beginning on such first date) and ending on the date when the Company would no longer be obligated to maintain the applicable registration statement in effect pursuant to the terms of Section 2.1 if the S-3 Expiration Date had not occurred (the "Supplemental Rights Period"), provided, however, that the Supplemental Rights Period shall not include any period following the S-3 Expiration Date and prior to the Full Conversion Date if during that period (the "Reinstatement Period") the Company shall again be entitled to use Form S-3 or a similar successor form of registration statement) for registration of the Registrable Securities. During the Supplemental Rights Period, the Holders shall have the following rights:

REGISTRATION RIGHTS IF FORM S. 3 IS NOT AVAILABLE. The following provisions shall apply with respect to Registrable Securities during the period, if any, beginning on the S-3 Expiration Date (or, if the S-3 Expiration Date shall occur before the first date on which the Exchangeable LLC Units issued pursuant to the Contribution Agreement may be exchanged for shares of Common Stock, beginning on such first date) and ending on the date when the Company would no longer be obligated to maintain the applicable registration statement in effect pursuant to the terms of Section 2.1 if the S-3 Expiration Full Sale Date had not occurred (the "Supplemental Rights Period"); PROVIDED, providedHOWEVER, howeverthat the Supplemental Rights Period shall commence on the six month anniversary of the Closing Date (as such term is defined in the Merger Agreement) in the event that the S-3 Availability Date has not occurred prior to such date; PROVIDED, FURTHER, that the Supplemental Rights Period shall not include (x) any period during which the Shelf Registration is effective and (y) any period following the S-3 Expiration Date Period and prior to the Full Conversion Sale Date if during that period (the "Reinstatement Period") the Company shall again be entitled to use Form S-3 (or a similar successor form of registration statement) for registration of the Registrable Securities. During the Supplemental Rights Period, the Holders Holder shall have the following rights:

REGISTRATION RIGHTS IF FORM S. 3 IS NOT AVAILABLEis Not Available. The following provisions shall apply with respect to Registrable Securities during the period, if any, beginning on the S-3 Expiration Date (or, if the S-3 Expiration Date shall occur before the first date on which the Exchangeable LLC Partnership Units issued pursuant to the Contribution Agreement may be exchanged for shares of Common Stock, beginning on such first date) and ending on the date when the Company would no longer be obligated to maintain the applicable registration statement in effect pursuant to the terms of Section 2.1 if the S-3 Expiration Date had not occurred (the "Supplemental Rights Period"), provided, however, that the Supplemental Rights Period shall not include any period following the S-3 Expiration Date and prior to the Full Conversion Date if during that period (the "Reinstatement Period") the Company shall again be entitled to use Form S-3 or a similar successor form of registration statement) for registration of the Registrable Securities. During the Supplemental Rights Period, the Holders shall have the following rights:

REGISTRATION RIGHTS IF FORM S. 3 IS NOT AVAILABLEis Not Available. The following provisions shall apply with respect to Registrable Securities during the period, if any, beginning on the S-3 Expiration Date (or, if the S-3 Expiration Date shall occur before the 30th day prior to the first date on which the Exchangeable LLC Units issued pursuant to the Contribution Agreement may be exchanged for shares of Common Stock, beginning on such first date30th prior day) and ending on the date when the Company would no longer be obligated to maintain the applicable registration statement in effect pursuant to the terms of Section 2.1 if the S-3 Expiration Date had not occurred (the "Supplemental Rights Period"), ; provided, however, that the Supplemental Rights Period shall not include any -------- ------- period following the S-3 Expiration Date and prior to the Full Conversion Date if during that period (the "Reinstatement Period") the Company shall again be entitled to use Form S-3 (or a similar successor form of registration statement) for registration of the Registrable Securities. During the Supplemental Rights Period, the Holders shall have the following rights: