Common use of Renewal Deadline Clause in Contracts

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Original Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Securities purchased by the Placement Agents as principals remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Placement Agents and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the Securities, in a form and substance satisfactory to the Placement Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the Securities, in a form and substance satisfactory to the Placement Agents, (iii) use its best efforts to cause such new shelf registration statement to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action necessary or appropriate to permit the offering and sale of the Securities to continue as contemplated in the expired Original Registration Statement.

Renewal Deadline. If, immediately prior to the third anniversary of the initial effective date of the Original Registration Statement (the “Renewal Deadline”), this Agreement is still in effect or any Securities Shares purchased by an Agent as principal, or to be sold through an Agent as sales agent pursuant to the Placement Agents as principals Company instruction, remain unsold, the Company will, prior to the Renewal Deadline, (i) promptly notify the Placement Agents and (ii) promptly file, if it is eligible to do so, a new automatic shelf registration statement relating to the SecuritiesShares, in a form and substance reasonably satisfactory to the Placement Agents. If, at the time the Company intends to file such a new automatic shelf registration statement, it is not eligible to do so, the Company will, prior to the Renewal Deadline, (i) promptly notify the Placement Agents, (ii) promptly file a new shelf registration statement on the proper form relating to the SecuritiesShares, in a form and substance reasonably satisfactory to the Placement Agents, (iii) use its best commercially reasonable efforts to cause such new shelf registration statement to be declared effective within 60 days after the Renewal Deadline and (iv) promptly notify the Placement Agents of such effectiveness. The Company will take all other action reasonably necessary or appropriate to permit the offering and sale of the Securities Shares to continue as contemplated in the expired Original Registration Statement. References herein to the “Registration Statement” shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.