Common use of Renewal of Registration Statement Clause in Contracts

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b), file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securities, the Operating Partnership and the Company will, prior to the Renewal Date and subject to Section 3(b), jointly file, if it has they have not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its their best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement or any Terms Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, this Agreement or any Securities remain unsold by the applicable Underwriter(s) Confirmation or Terms Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) any Agent or Forward Purchaser under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such SecuritiesShares, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such SecuritiesShares, and, if such registration statement is not an automatic shelf registration statement, will use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 60 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities Shares to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) the Agent or the Forward Seller under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be, and each new or additional shelf registration statement or automatic shelf registration statement filed by the Company for the purpose of registering the Securities to be sold pursuant to this Agreement.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) a Sales Agent or a Forward Seller under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) the Agents, the Forward Sellers or the Forward Purchasers under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securitiesthe Shares, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such SecuritiesShares, and, if such registration statement is not an automatic shelf registration statement, will use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and the Company will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities Shares to continue as contemplated in the expired registration statement relating to such SecuritiesShares. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date If by the third anniversary (the “Renewal Deadline”) of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). IfStatement, immediately prior to the third anniversary any of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such SecuritiesUnderwriters, the Company and the Guarantors will, prior to upon reasonable written request from the Renewal Date and subject to Section 3(b)Underwriters, promptly file, (i) if it has they have not already done so and are eligible to do so, a new automatic shelf registration statement relating to the Securities, in a form reasonably satisfactory to the Representatives or (ii) if they have not already done so but are no longer eligible to file an automatic shelf registration statement, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such the Securities, andin a form reasonably satisfactory to the Representatives, if such registration statement is not an automatic shelf registration statement, and will use its best their commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, Deadline. The Company and the Guarantors will take all other reasonable actions action necessary or appropriate to permit the public offer offering and sale of such the Securities to continue as contemplated in the expired registration statement relating to such the Securities. References herein to the “Registration Statement” Statement shall include such new automatic shelf registration statement or automatic such new shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) Xxxxx Fargo Securities under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such the Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and the Company will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Original Registration Statement (the “Renewal Initial Effective Date”). If, immediately prior to the third anniversary of the Initial Effective Date (the “Renewal Date”), any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) an Agent under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 60 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b), file, if it has not already done so, a new automatic shelf registration statement or, (if applicable, an automatic eligible to do so) or a shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Initial Effective Date”). If, immediately prior to the third anniversary of the Initial Effective Date (the “Renewal Date”), any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) MLV under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Initial Effective Date”). If, immediately prior to the third anniversary of the Initial Effective Date (the “Renewal Date”), any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) an Agent under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 60 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement or any Terms Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, this Agreement or any Securities remain unsold by the applicable Underwriter(s) Confirmation or Terms Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) any Agent or Forward Purchaser under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such SecuritiesShares, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such SecuritiesShares, and, if such registration statement is not an automatic shelf registration statement, will use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 60 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities Shares to continue as contemplated in the expired registration statement relating to such SecuritiesShares. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Initial Effective Date”). If, immediately prior to the third anniversary of the Initial Effective Date (the “Renewal Date”), any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) Xxxxx Fargo under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) Wxxxx Fargo Securities under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such the Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and the Company will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities Shares remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such SecuritiesShares, the Company will, prior to the Renewal Date and subject to Section 3(b)3(a) hereof, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such SecuritiesShares, and, if such registration statement is not an automatic shelf registration statement, will use its reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities Shares to continue as contemplated in the expired registration statement relating to such SecuritiesShares. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Initial Effective Date”). If, immediately prior to the third anniversary of the Initial Effective Date (the “Renewal Date”), any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) KeyBanc under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “"Renewal Date”"). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b), file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “"Registration Statement” " shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b), file, if it has not already done so, a new shelf registration statement or, if applicableeligible to do so, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Initial Effective Date”). If, immediately prior to the third anniversary of the Initial Effective Date (the “Renewal Date”), any Securities remain unsold by the applicable Underwriter(s) this Agreement has not terminated and a prospectus is required to be delivered or made available by such Underwriter(s) Xxxxxxx Xxxxx under the 1933 Securities Act or the 1934 Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date If, immediately prior to the third anniversary of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary any of the Renewal Date, any Securities Placement ADSs remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securitiesthis Agreement has not been terminated, the Company willmay at its discretion, prior to the Renewal Date and subject to Section 3(b)Date, file, if it has not already done so, file a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securitiesthe Placement ADSs that may be offered and sold pursuant to this Agreement (which shall include a prospectus reflecting the number or amount of Placement ADSs that may be offered and sold pursuant to this Agreement), in a form satisfactory to the Agent and Agent’s Counsel, and, if such registration statement is not an automatic shelf registration statement, will use its best commercially reasonable efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will . The Company may take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities the Placement ADSs to continue as contemplated in the expired registration statement relating to such Securitiesand this Agreement. References From and after the effective date thereof, references herein to the “Registration Statement” shall include such new shelf registration statement or such new automatic shelf registration statement, as the case may be.. 33

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) Underwriter and a prospectus is required to be delivered or made available by such Underwriter(s) the Underwriter under the 1933 Act or the 1934 Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b), file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary of the Renewal Date, any Securities remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securities, the Company will, prior to the Renewal Date and subject to Section 3(b), file, if it has not already done so, a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securities, and, if such registration statement is not an automatic shelf registration statement, will use its best efforts to cause such registration Table of Contents statement to be declared effective within 180 days after the Renewal Date, and will take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities to continue as contemplated in the expired registration statement relating to such Securities. References herein to the “Registration Statement” shall include such new shelf registration statement or automatic shelf registration statement, as the case may be.

Renewal of Registration Statement. The date If, immediately prior to the third anniversary of this Agreement is not more than three years subsequent to the initial effective date of the Registration Statement (the “Renewal Date”). If, immediately prior to the third anniversary any of the Renewal Date, any Securities Placement Shares remain unsold by the applicable Underwriter(s) and a prospectus is required to be delivered this Agreement has not expired or made available by such Underwriter(s) under the 1933 Act or the 1934 Act in connection with the sale of such Securitiesbeen terminated, the Company willmay, prior to the Renewal Date and subject to Section 3(b), fileDate, if it has not already done so and is eligible to do so, file a new shelf registration statement or, if applicable, an automatic shelf registration statement relating to such Securitiesthe Common Stock that may be offered and sold pursuant to this Agreement (which shall include a prospectus reflecting the number or amount of Placement Shares that may be offered and sold pursuant to this Agreement), in a form reasonably satisfactory to the Agent and its counsel, and, if such registration statement is not an automatic shelf registration statement, will use its reasonable best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Date, and will . The Company may take all other reasonable actions necessary or appropriate to permit the public offer and sale of such Securities the Placement Shares to continue as contemplated in the expired registration statement relating to such Securitiesand this Agreement. References From and after the effective date thereof, references herein to the “Registration Statement” shall include such new shelf registration statement or such new automatic shelf registration statement, as the case may be.