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

Suspension of Use of Registration Statement. The Holder agrees that, upon receipt of any notice from the Company of (A) the happening of any event which makes any statements made in the Registration Statement(s) or related prospectus(es) filed pursuant to this Registration Rights Agreement, or any document incorporated or deemed to be incorporated therein by reference, untrue in any material respect or which requires the making of any changes in such Registration Statement(s) or prospectus(es) so that, in the case of such Registration Statement(s), it will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstance under which they were made, not misleading or (B) that, in the judgment of the Company's Board of Directors, it is advisable to suspend use of the prospectus(es) for a discrete period of time due to pending corporate developments which are or may be material to the Company but have not been disclosed in the Registration Statement(s) or in relevant public filings with the SEC, or (C) the SEC has issued a stop order suspending the effectiveness of the Registration Statement(s), the Holder will forthwith discontinue disposition of such Shares covered by such Registration Statement(s) or prospectus(es) until it is advised in writing by the Company that use of the applicable prospectus may be resumed, and has received copies of any additional or supplemented filings that are incorporated or deemed to be incorporated by reference in such prospectus(es). The Company shall use all reasonable best efforts to insure that the use of the prospectus(es) may be resumed as soon as practicable, and in any event shall not be entitled to require the Holder to suspend use of the prospectus(es) for more than thirty (30) consecutive days on any one occasion, more than forty-five (45) consecutive days in the aggregate on two occasions which are not at least ninety (90) days apart or more than an aggregate of sixty (60) days in any twelve month period.

Suspension of Use of Registration Statement. The Holder agrees Holders agree that, upon receipt of any notice from the Company of (A) of the happening of any event which makes any statements made in the Registration Statement(s) or related prospectus(es) filed pursuant to this Registration Rights AgreementExhibit, or any document incorporated or deemed to be incorporated therein by reference, untrue in any material respect or which requires the making of any changes in such Registration Statement(s) or prospectus(es) so that, in the case of such Registration Statement(s), it will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstance under which they were made, not misleading or (B) that, in the judgment of the Company's Board of Directors, it is advisable to suspend use of the prospectus(es) for a discrete period of time due to pending corporate developments which are or may be material to the Company but have not been disclosed in the Registration Statement(s) or in relevant public filings with the SEC, or (C) that the SEC has issued a stop order suspending the effectiveness of the Registration Statement(s), or (D) that the Holder Company is engaged in a public offering of its Common Stock by the Company through a "bulge-bracket" (hereinafter defined) underwriter or (E) of the filing by the Company of a post-effective amendment to the Registration Statement made in order (i) to comply with the regulations under the Securities Act relating to shelf registrations on Form S-3, including without limitation to file audited financial statements or (ii) to reflect any changes to the Registration Statement requested by the Holders, including without limitation changes to the description of the method of distribution of the Registrable Securities or to the information in the Registration Statement relating to the Holders, and the filing of which post-effective amendment requires, under applicable law, rule or regulation, The suspension of use of the Registration Statement or the prospectus therein for the disposition of Registration Securities; the Holders will forthwith discontinue the disposition in accordance with the Registration Statement or prospectus(es) of such Shares covered by such Registration Statement(s) or prospectus(es) until it is advised in writing by the Company that use of the applicable prospectus may be resumed, and has received copies of any additional or supplemented filings that are incorporated or deemed to be incorporated by reference in such prospectus(esprospectuses). Such notice shall not be required to disclose the reason for the suspension beyond noting under which clause of Section 8 the notice is given. The Company shall use all reasonable best efforts to insure that the use of the prospectus(es) may be resumed as soon as practicable, and in any event shall not be entitled to require the Holder Holders to suspend use of the prospectus(es) for more than thirty pursuant to the foregoing (30i) consecutive days on any one occasion, more than forty-five (45) consecutive days in the aggregate on two occasions which are not at least ninety case of notices from the Company relating to clauses (90A), (B), (C) days apart or (E) above, for more than an aggregate of twenty (20) calendar days in any 24-month period for purposes of all such notices given during such period, and (ii) in the case of a notice relating to clause (D) above, for more than sixty (60) calendar days on one occasion in any twelve 24-month period; provided that on one additional occasion during such 24-month period, upon notice from the Company pursuant to clause (D) above, the Holder shall be permitted to continue to dispose of such shares, but shall not dispose of such shares pursuant to an underwritten offering during such period, For purposes hereof, a "bulge-bracket" underwriter shall mean Xxxxxxx Xxxxx, Xxxxxx Xxxxxxx, XX Xxxxxx, Salomon Bros., Credit Suisse First Boston, Xxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxxx Bros., Bear Steams and Xxxxx Xxxxxx.

Suspension of Use of Registration Statement. The Each Holder agrees that, upon receipt of any written notice from the Company of (A) the happening of any event which makes any statements made in the Registration Statement(s) or related prospectus(es) filed pursuant to this Registration Rights Agreement, or any document incorporated or deemed to be incorporated therein by reference, untrue in any material respect or which requires the making of any changes in such Registration Statement(s) or prospectus(es) so that, in the case of such Registration Statement(s), it will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstance under which they were made, not misleading or (B) that, in the judgment of the Company's ’s Board of Directors, it is advisable to suspend use of the prospectus(es) for a discrete period of time due to pending corporate developments which are or may be material to the Company but have not been disclosed in the Registration Statement(s) or in relevant public filings with the SEC, (C) the filing of a Registration Statement (other than a Registration Statement on Form S-4 or Form S-8, or any successor form thereto) with the SEC for the purpose of registering under the Securities Act any securities to be publicly offered and sold by the Company, or (CD) the SEC has issued a stop order suspending the effectiveness of the Registration Statement(s), the such Holder will forthwith discontinue disposition of such Shares Registrable Securities covered by such Registration Statement(s) or prospectus(es) until it is advised in writing by the Company that use of the applicable prospectus may be resumed, and has received copies of any additional or supplemented filings that are incorporated or deemed to be incorporated by reference in such prospectus(es). The Company shall use all reasonable best efforts to insure that the use of the prospectus(es) may be resumed as soon as practicable, and in any event shall not be entitled to require the any Holder to suspend use of the prospectus(es) for more than thirty (30) consecutive days on any one occasion, more than forty-five (45) consecutive days in the aggregate on two occasions which are not at least ninety (90) 90 days apart or more than an aggregate of sixty ninety (6090) days in any twelve month period.

Suspension of Use of Registration Statement. The Holder agrees Holders agree that, upon receipt of any notice from the Company of (A) the happening of any event which makes any statements made in the Registration Statement(s) or related prospectus(es) filed pursuant to this Registration Rights Agreement, or any document incorporated or deemed to be incorporated therein by reference, untrue in any material respect or which requires the making of any changes in such Registration Statement(s) or prospectus(es) so that, in the case of such Registration Statement(s), it will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstance under which they were made, not misleading or (B) that, in the judgment of the Company's Board of Directors, it is advisable to suspend use of the prospectus(es) for a discrete period of time due to pending corporate developments which are or may be material to the Company but have not been disclosed in the Registration Statement(s) or in relevant public filings with the SEC, or (C) the SEC has issued a stop order suspending the effectiveness of the Registration Statement(s), the Holder Holders will forthwith discontinue disposition of such Shares shares covered by such Registration Statement(s) or prospectus(es) until it is advised in writing by the Company that use of the applicable prospectus may be resumed, and has received copies of any additional or supplemented filings that are incorporated or deemed to be incorporated by reference in such prospectus(es). The Company shall use all reasonable best efforts to insure that the use of the prospectus(es) may be resumed as soon as practicable, and in any event shall not be entitled to require the Holder Holders to suspend use of the prospectus(es) for more than thirty (30) consecutive days on any one occasion, more than forty-five (45) consecutive days in the aggregate on two occasions which are not at least ninety (90) days apart or more than an aggregate of sixty (60) days in any twelve month period.