Common use of Registration Statement Covering Issuance of Common Stock Clause in Contracts

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(a) and 3(b) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections 3(a) and 3(b) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu -------------------------------------------------------- of the registration rights set forth in Sections Section 3(a) and 3(b) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock Shares upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock Shares covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections Section 3(a) and 3(b) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu of -------------------------------------------------------- the registration rights set forth in Sections 3(a) and 3(bSection 2(a) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed pursuant to the Partnership Agreement (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act Statement relating to the issuance to Holders of shares of Common Stock upon the redemption of Units or in exchange for their Units. Thereupon, the Company shall use all commercially reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered thereby. The Company agrees to use all commercially reasonable efforts to keep the Issuance Shelf such Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, effective until the earlier to occur of (i) the date which is the 10th anniversary of the date hereof and (ii) date on which such each Holder has redeemed or exchanged all of such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stockearlier of the dates specified in clause (i) and (ii) in the immediately preceding sentence, then the rights of each Holder set forth in Sections 3(a2(a) and 3(b(b) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections Section 3(a) and 3(b) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "“Issuance Registration Statement"”) under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock Shares upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock Shares covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's ’s Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's ’s Units for Common Stock, then the rights of each Holder set forth in Sections Section 3(a) and 3(b) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu of -------------------------------------------------------- the registration rights set forth in Sections 3(aSection 1(a) and 3(b1(b) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement ("the "Issuance Shelf Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of shares of Common Stock upon the redemption of Units or in exchange for their Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, effective until the date on which such each Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections 3(aSection 1(a) and 3(b1(b) above shall be restored. Any Demand Registration Statement, Piggyback Registration Statement or Shelf Registration Statement is sometimes referred to as a "Registration Statement."

Registration Statement Covering Issuance of Common Stock. In lieu The Company will (i) file a registration statement with the Securities and Exchange Commission (the "SEC") under Rule 415 under the Securities Act of 1933 (the registration rights set forth "Securities Act") relating to the issuance to the Holders of all shares of Common Stock issuable upon the redemption or in Sections 3(aexchange for their Units (a "Shelf Registration Statement"), and (ii) and 3(b) above, use its best efforts to cause such Shelf Registration Statement to be declared effective by the Company may, in its sole discretion, SEC prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered therebyredeemed. The Company agrees to use reasonable its best efforts to keep the Issuance such Shelf Registration Statement (or in the event such initial Shelf Registration Statement is withdrawn or terminated for any reason, to keep a successor Shelf Registration Statement) continuously effectiveeffective until such time as all of the Units have been redeemed for cash or, with respect at the option of the Company, for the number of shares of Common Stock issuable pursuant to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common StockPartnership Agreement. In the event that the Company is unable to cause such Issuance Shelf Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Shelf Registration Statement effective until such time as all of the date on which Units have been redeemed for cash or, at the option of the Company, for the number of shares issuable pursuant to the Partnership Agreement, then each Holder has redeemed or exchanged such Holder's Units for Common Stock, then shall have the rights of each Holder set forth in Sections 3(aSection 1(b) and 3(b1(c) above shall be restored.below. 2 (b)

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(a) and 3(b) above, the The Company may, in -------------------------------------------------------- will use its sole discretion, prior reasonable efforts to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Acti) file a registration statement with the Securities and Exchange Commission (the "Issuance Registration StatementSEC") under Rule 415 under the Securities Act of 1933 (the "Securities Act") relating to the issuance to the Holders of all shares of Common Stock issuable upon the redemption of Units or in exchange for Units. Thereupontheir Units (a "Shelf Registration Statement"), the Company shall use reasonable efforts to and (ii) cause such Shelf Registration Statement to be declared effective by the SEC for all shares of Common Stock covered therebywithin thirty (30) days after the first date upon which the Units may be redeemed. The Company agrees to use its reasonable efforts to keep the Issuance such Shelf Registration Statement (or in the event such initial Shelf Registration Statement is withdrawn or terminated for any reason, to keep a successor Shelf Registration Statement) continuously effectiveeffective until such time as all of the Units have been redeemed for cash or, with respect at the option of the Company, for the number of shares of Common Stock issuable pursuant to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common StockPartnership Agreement. In the event that the Company is unable to cause such Issuance Shelf Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Shelf Registration Statement effective until such time as all of the date on which Units have been redeemed for cash or, at the option of the Company, for the number of shares issuable pursuant to the Partnership Agreement, then each Holder has redeemed or exchanged such Holder's Units for Common Stock, then shall have the rights of each Holder set forth in Sections 3(aSection 1(b) and 3(b1(c) above shall be restoredbelow.

Registration Statement Covering Issuance of Common Stock. In lieu of -------------------------------------------------------- the registration rights set forth in Sections 3(aSection 1(a) and 3(b1(b) above, the Company maymany, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Shelf Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of shares of Common Stock upon the redemption of Units or in exchange for their Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, effective until the date on which such each Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections 3(aSection 1(a) and 3(b1(b) above shall be restored. Any Demand Registration Statement, Piggyback Registration Statement or Shelf Registration Statement is sometimes referred to as a "Registration Statement."

Registration Statement Covering Issuance of Common Stock. In -------------------------------------------------------- lieu of the registration rights set forth in Sections Section 3(a) and 3(b) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock Shares upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock Shares covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections 3(a) and 3(bSection 3 (a) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu Subject to the provisions of the registration rights set forth in Sections 3(aSection 1(b) and 3(b) abovebelow, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of will file with the Securities Actand Exchange Commission (the "SEC") file a registration statement on Form S-3 (the "Issuance Registration Statement") under Rule 415 under the Securities Act Act, relating to the issuance to Holders of shares of Common Stock upon the redemption of Units or in exchange for such Units, such filing to be made on that date (the "Filing Date") which is the later of (i) a date which is thirty (30) days prior to the first date on which the Units issued pursuant to the Limited Partnership Agreement held by the Holders may be exchanged for shares of Common Stock and (ii) such other date as may be required by the SEC pursuant to its interpretation of applicable federal securities laws and the rules and regulations promulgated thereunder, including, without limitation, any of the so-called "roll- up" laws, rules or regulations. Thereupon, Thereupon the Company shall use its reasonable efforts to cause such the Issuance Registration Statement to be declared effective by the SEC for all shares of Common Stock covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common Stockthereby as soon as practicable thereafter. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by SEC, then the rights of the Holders set forth in Sections 8(b1(b) and 91(c) is unable below shall apply to keep Common Stock received by such Holder upon the redemption of Units. Notwithstanding the availability of rights under Section 1(b) or 1(c), the Company shall continue to use its reasonable efforts to cause the Issuance Registration Statement to be declared effective by the SEC until such time as Holders request that the Company file a Shelf Registration Statement in accordance with Section 1(b). The Company agrees to use its reasonable efforts to keep the Issuance Registration Statement continuously effective until the date on which each Holder has redeemed or exchanged tendered such Holder's Units for redemption and the redemption price therefor (whether paid in cash or in Common Stock, then ) has been delivered to the rights of each Holder set forth in Sections 3(a) and 3(b) above shall be restoredHolder.

Registration Statement Covering Issuance of Common Stock. In lieu The Company -------------------------------------------------------- will use its efforts to (i) file a registration statement with the Securities and Exchange Commission (the "SEC") under Rule 415 under the Securities Act of 1933 (the registration rights set forth "Securities Act") relating to the issuance to the Holders of all shares of Common Stock issuable upon the redemption or in Sections 3(aexchange for their Units (a "Shelf Registration Statement"), and (ii) and 3(b) above, cause such Shelf Registration Statement to be declared effective by the Company may, in its sole discretion, SEC prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered therebyredeemed. The Company agrees to use its reasonable efforts to keep the Issuance such Shelf Registration Statement (or in the event such initial Shelf Registration Statement is withdrawn or terminated for any reason, to keep a successor Shelf Registration Statement) continuously effectiveeffective until such time as all of the Units have been redeemed for cash or, with respect at the option of the Company, for the number of shares of Common Stock issuable pursuant to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common StockPartnership Agreement. In the event that the Company is unable to cause such Issuance Shelf Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Shelf Registration Statement effective until such time as all of the date on which each Holder has Units have been redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections 3(a) and 3(b) above shall be restored.cash

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(a) and 3(b) above, the Company may, in its sole discretion, At least 45 days prior to the first date upon which the Twelve-Month Units held by the Holders Holder may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file ), the Company shall cause to be filed a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders the Holder of registered shares of Common Stock (i.e., without legend pursuant to Rule 502(d)(3) under the Securities Act) upon the redemption of Units or in exchange for its Twelve-Month Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered therebythereby as soon as practicable thereafter but in no event later than twelve months after the date of this Agreement. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, effective until the date on which such the Holder has redeemed or exchanged such Holder's all of its Twelve-Month Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each the Holder has redeemed or exchanged such Holder's its Twelve-Month Units for Common Stock, then the rights of each the Holder set forth in Sections 3(aSection 1(b) and 3(b1(c) above shall be restoredapply to Common Stock received upon the redemption of Twelve-Month Units, as well as Six-Month Units. The Initial Registration Statement, any Demand Registration Statement, Piggyback Registration Statement or Issuance Registration Statement are sometimes referred to as a "Registration Statement."

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(a) and 3(b) above, the The Company may, in -------------------------------------------------------- will use its sole discretion, prior reasonable efforts to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Acti) file a registration statement with the Securities and Exchange Commission (the "Issuance Registration StatementSEC") under Rule 415 under the Securities Act of 1933 (the "Securities Act") relating to the issuance to the Holders of all shares of Common Stock issuable upon the redemption of Units or in exchange for Units. Thereupontheir Units (a "Shelf Registration Statement"), the Company shall use reasonable efforts to and (ii) cause such Shelf Registration Statement to be declared effective by the SEC for all shares of Common Stock covered therebywithin fourteen (14) days after the first date upon which the Units may be redeemed. The Company agrees to use its reasonable efforts to keep the Issuance such Shelf Registration Statement (or in the event such initial Shelf Registration Statement is withdrawn or terminated for any reason, to keep a successor Shelf Registration Statement) continuously effectiveeffective until such time as all of the Units have been redeemed for cash or, with respect at the option of the Company, for the number of shares of Common Stock issuable pursuant to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common StockPartnership Agreement. In the event that the Company is unable to cause such Issuance Shelf Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Shelf Registration Statement effective until such time as all of the date on which each Holder has Units have been redeemed or exchanged such Holder's Units for Common Stockcash or, then at the rights option of each Holder set forth in Sections 3(a) and 3(b) above shall be restored.the Company, for the number of

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(a) and 3(b) aboveabove with respect to Shares to be issued upon redemption or in exchange for Units, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common StockStock or cash. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common StockStock or cash, then the rights of each Holder set forth in Sections 3(a) and 3(b) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections Section 3(a) and 3(b) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other earlier date as may be required under applicable provisions of the Securities Act) ), file a registration statement (the "Issuance Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock Shares upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock Shares covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections Section 3(a) and 3(b) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(a) and 3(b) above, the The Company may, in -------------------------------------------------------- will use its sole discretion, prior reasonable efforts to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Acti) file a registration statement with the Securities and Exchange Commission (the "Issuance Registration StatementSEC") under Rule 415 under the Securities Act of 1933 (the "SECURITIES ACT") relating to the issuance to the Holders of all shares of Common Stock issuable upon the redemption of Units or in exchange for Units. Thereupontheir Units (a "SHELF REGISTRATION STATEMENT"), the Company shall use reasonable efforts to and (ii) cause such Shelf Registration Statement to be declared effective by within fourteen (14) days after the SEC for all shares of Common Stock covered therebydate upon which the Units may be redeemed. The Company agrees to use its reasonable efforts to keep the Issuance such Shelf Registration Statement (or in the event such initial Shelf Registration Statement is withdrawn or terminated for any reason, to keep a successor Shelf Registration Statement) continuously effectiveeffective until such time as all of the Units have been redeemed for cash or, with respect at the option of the Company, for the number of shares of Common Stock issuable pursuant to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common StockPartnership Agreement. In the event that the Company is unable to cause such Issuance Shelf Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Shelf Registration Statement effective until such time as all of the date on which each Holder has Units have been redeemed or exchanged such Holder's Units for Common Stockcash or, then at the rights option of each Holder set forth in Sections 3(a) and 3(b) above shall be restored.the Company, for the number of shares

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(a), 3(b), 3(c) and 3(b3(d) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Registration StatementISSUANCE REGISTRATION STATEMENT") under Rule 415 under the Securities Act relating to the issuance to Holders of Common Stock Shares upon the redemption of Units or in exchange for Units. Thereupon, the Company shall use reasonable efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock Shares covered thereby. The Company agrees to use reasonable efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, until the date on which such Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections 3(a), 3(b), 3(c) and 3(b3(d) above shall be restored.

Registration Statement Covering Issuance of Common Stock. In lieu of the registration rights set forth in Sections 3(aSection 1(a) and 3(b1(b) above, the Company may, in its sole discretion, prior to the first date upon which the Units held by the Holders may be redeemed (or such other date as may be required under applicable provisions of the Securities Act) file a registration statement (the "Issuance Shelf Registration Statement") under Rule 415 under the Securities Act relating to the issuance to Holders of shares of Common Stock upon the redemption of Units or in exchange for their Units. Thereupon, the Company shall use reasonable its best efforts to cause such Registration Statement to be declared effective by the SEC for all shares of Common Stock covered thereby. The Company agrees to use reasonable its best efforts to keep the Issuance Shelf Registration Statement continuously effective, with respect to the Registrable Shares of a particular Holder, effective until the date on which such each Holder has redeemed or exchanged such Holder's Units for Common Stock. In the event that the Company is unable to cause such Issuance Registration Statement to be declared effective by the SEC or (except as otherwise permitted by Sections 8(b) and 9) is unable to keep such Issuance Registration Statement effective until the date on which each Holder has redeemed or exchanged such Holder's Units for Common Stock, then the rights of each Holder set forth in Sections 3(aSection 1(a) and 3(b1(b) above shall be restored. Any Demand Registration Statement, Piggyback Registration Statement or Shelf Registration Statement are sometimes referred to as a "Registration Statement."