Common use of Resale Shelf Registration Statement Clause in Contracts

Resale Shelf Registration Statement. In the event that the Initial Purchaser or any successor thereto, in its opinion, becomes an Affiliate (as such term is defined in Rule 144 under the Securities Act) of the Company, or any successor thereto, the Company (or its successor) shall use its best efforts to cause to be filed as soon as practicable after receiving notice thereof from such Initial Purchaser (or its successor) a shelf registration statement (the "Resales Registration Statement") under the Securities Act providing for the resale by such Initial Purchaser (or its successor) of all Warrants and Common Shares it acquires from time to time and to have such shelf registration statement declared effective by the Commission. The provisions of this Agreement concerning the Warrant Registration Statement shall apply to the Resales Registration Statement as if such Resales Registration Statement were the Warrant Registration Statement (except that the Company (or its successor) will use its best efforts to keep the Resales Registration Statement effective until the earlier of (i) the Expiration Date and (ii) such time as the Initial Purchaser shall, in its opinion, cease to be an Affiliate of the Company, as evidenced by written notice sent promptly upon such event). Notwithstanding anything to the contrary herein, the Company shall not be required to effect a Resales Registration Statement if the Initial Purchaser shall have ceased to make a market in the Warrants and Common Stock.

Resale Shelf Registration Statement. In the event that that, after an initial public offering of Common Shares, the Initial Purchaser Placement Agent, or any successor thereto, in its opinion, becomes an Affiliate (as such term is defined in Rule 144 under the Securities Act) of the Company, or any successor thereto, the Company (or its successor) shall use its best efforts to cause to be filed as soon as practicable after receiving notice thereof from such Initial Purchaser the Placement Agent (or its successor) a shelf registration statement (the "Resales Registration StatementRESALES REGISTRATION STATEMENT") under the Securities Act providing for the resale by such Initial Purchaser the Placement Agent (or its successor) of all Warrants and Common Shares it acquires from time to time in connection with market-making activities and to have such shelf registration statement declared effective by the Commission. The provisions of this Agreement concerning the Warrant Registration Statement shall apply to the Resales Registration Statement as if such Resales Registration Statement were the Warrant Registration Statement (except that the Company (or its successor) will use its best efforts to keep the Resales Registration Statement effective until the earlier of (i) the Expiration tenth anniversary of the Closing Date and (ii) such time as the Initial Purchaser Placement Agent shall, in its opinion, cease to be an Affiliate of the Company, as evidenced by written notice sent promptly upon such event). Notwithstanding anything to the contrary herein, (i) the Company shall not be required to effect a Resales Registration Statement if the Initial Purchaser Placement Agent or an Affiliate thereof shall not have lead managed the Company's initial public offering of Common Stock and (ii) the Company shall not be required to maintain the effectiveness of a Resales Registration Statement if the Placement Agent shall have ceased to make a market in the Warrants and Common Stock.

Resale Shelf Registration Statement. In the event that the Initial Purchaser Morg▇▇ ▇▇▇n▇▇▇ & ▇o. Incorporated, or any successor thereto, in its opinion, becomes an Affiliate (as such term is defined in Rule 144 under the Securities Act) of the Company, or any successor thereto, the Company (or its successor) shall use its best efforts to cause to be filed as soon as practicable after receiving notice thereof from such Initial Purchaser (or its successor) a shelf registration statement (the "Resales Registration Statement") under the Securities Act providing for the resale by such Initial Purchaser (or its successor) of all Warrants and Common Shares it acquires from time to time and to have such shelf registration statement declared effective by the Commission. The provisions of this Agreement concerning the Warrant Registration Statement shall apply to the Resales Registration Statement as if such Resales Registration Statement were the Warrant Registration Statement (except that the Company (or its successor) will use its best efforts to keep the Resales Registration Statement effective until the earlier of (i) the Expiration Date and (ii) such time as the Initial Purchaser Morg▇▇ ▇▇▇n▇▇▇ & ▇o. Incorporated shall, in its opinion, cease to be an Affiliate of the Company, as evidenced by written notice sent promptly upon such event). Notwithstanding anything to the contrary herein, the Company shall not be required to effect a Resales Registration Statement if the Initial Purchaser Morg▇▇ ▇▇▇n▇▇▇ & ▇o. Incorporated shall have ceased to make a market in the Warrants and Common Stock.