Common use of Suspension of Use of Registration Statement Clause in Contracts

Suspension of Use of Registration Statement. (a) If the Board of Directors of NXRT determines in its good faith judgment that the filing of a registration statement under Section 2.1 or the use of any related prospectus would be materially detrimental to NXRT because such action would require the disclosure of material information that NXRT has a bona fide business purpose for preserving as confidential or the disclosure of which would impede NXRT’s ability to consummate a significant transaction (“Confidential Information”), and that NXRT is not otherwise required by applicable securities laws or regulations to disclose, upon written notice of such determination by NXRT to the Holders, the rights of the Holders to offer, sell or distribute any Registrable Securities pursuant to a registration statement or to require NXRT to take action with respect to the registration or sale of any Registrable Securities pursuant to a registration statement shall be suspended until the earlier of (i) the date upon which NXRT notifies the Holders in writing that suspension of such rights for the grounds set forth in this Section 2.9(a) is no longer necessary and (ii) 180 days; provided, however, no such 180-day period shall be successive with respect to the same Confidential Information. NXRT agrees to give the notice under (i) above as promptly as practicable following the date that such suspension of rights is no longer necessary.

Suspension of Use of Registration Statement. (a) If the Board of Directors of NXRT NREF determines in its good faith judgment that the filing of a registration statement under Section 2.1 or the use of any related prospectus would be materially detrimental to NXRT NREF because such action would require the disclosure of material information that NXRT NREF has a bona fide business purpose for preserving as confidential or the disclosure of which would impede NXRTNREF’s ability to consummate a significant transaction (“Confidential Information”), and that NXRT NREF is not otherwise required by applicable securities laws or regulations to disclose, upon written notice of such determination by NXRT NREF to the Holders, the rights of the Holders to offer, sell or distribute any Registrable Securities pursuant to a registration statement or to require NXRT NREF to take action with respect to the registration or sale of any Registrable Securities pursuant to a registration statement shall be suspended until the earlier of (i) the date upon which NXRT NREF notifies the Holders in writing that suspension of such rights for the grounds set forth in this Section 2.9(a) is no longer necessary and (ii) 180 days; provided, however, no such 180-day period shall be successive with respect to the same Confidential Information. NXRT NREF agrees to give the notice under (i) above as promptly as reasonably practicable following the date that such suspension of rights is no longer necessary.