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 Renewal Date, this Agreement has not terminated and a prospectus is required to be delivered or made available by the Sales Agent under the Securities Act or the Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal 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 and all references to “base prospectus” included in this Agreement shall be deemed to include the final form of prospectus, including all documents incorporated or deemed to be incorporated by reference therein, included in any such new shelf registration statement or automatic shelf registration statement, as the case may be, at the time of such registration statement’s effectiveness and at each deemed effective date with respect to the Sales Agent pursuant to Rule 430B(f)(2) under the Securities Act.

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 Renewal Date, this Agreement has not terminated and a prospectus is required to be delivered or made available by the Sales Agent Manager or the Forward Seller under the Securities Act or the Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal 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. To the extent that the Registration Statement is not available for the sales of the Securities as contemplated by this Agreement or the Company is not a “well-known seasoned issuer” (as defined in Rule 405 under the Securities Act) or otherwise is unable to make the representations set forth in Section 5(a) at any time when such representations are required, the Company shall file a new registration statement with respect to any additional Securities necessary to complete such sales of the Securities and shall cause such registration statement to become effective as promptly as practicable. After the effectiveness of any such registration statement, all references to “Registration Statement” included in this Agreement shall be deemed to include such new registration statement, including all documents incorporated by reference therein pursuant to Item 12 of Form S-3, and all references to “base prospectusProspectus” included in this Agreement shall be deemed to include the final form of prospectus, including all documents incorporated or deemed to be incorporated therein by reference thereinreference, included in any such new shelf registration statement or automatic shelf registration statement, as the case may be, at the time of such registration statement’s effectiveness and at each deemed effective date with respect to the Sales Agent pursuant to Rule 430B(f)(2) under the Securities Actstatement became effective.

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 Renewal Date, this Agreement has not terminated and a prospectus is required to be delivered or made available by the Sales Agent Manager under the Securities Act or the Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal 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. To the extent that the Registration Statement is not available for the sales of the Securities as contemplated by this Agreement or the Company otherwise is unable to make the representations set forth in Section 5(a) hereof at any time when such representations are required, the Company shall file a new registration statement with respect to any additional Securities necessary to complete such sales of the Securities and shall cause such registration statement to become effective as promptly as practicable. After the effectiveness of any such registration statement, all references to “Registration Statement” included in this Agreement shall be deemed to include such new registration statement, including all documents incorporated by reference therein pursuant to Item 12 of Form S-3, and all references to “base prospectusProspectus” included in this Agreement shall be deemed to include the final form of prospectus, including all documents incorporated or deemed to be incorporated therein by reference thereinreference, included in any such new shelf registration statement or automatic shelf registration statement, as the case may be, at the time of such registration statement’s effectiveness and at each deemed effective date with respect to the Sales Agent pursuant to Rule 430B(f)(2) under the Securities Actstatement became effective.

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 Renewal Date, this Agreement has not terminated and a prospectus is required to be delivered or made available by the Sales Agent under the Securities Act or the Exchange Act in connection with the sale of such the Securities, the Company will, prior to the Renewal 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 the 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 the Securities to continue as contemplated in the expired registration statement relating to such the 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 all references to “base prospectus” included in this Agreement shall be deemed to include the final form of prospectus, including all documents incorporated or deemed to be incorporated by reference therein, included in any such new shelf registration statement or automatic shelf registration statement, as the case may be, at the time of such registration statement’s effectiveness and at each deemed effective date with respect to the Sales Agent pursuant to Rule 430B(f)(2) under the Securities Act.

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 Renewal Date, this Agreement has not terminated and a prospectus is required to be delivered or made available by the Sales Agent Manager under the Securities Act or the Exchange Act in connection with the sale of such Securities, the Company will, prior to the Renewal 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. To the extent that the Registration Statement is not available for the sales of the Securities as contemplated by this Agreement or the Company otherwise is unable to make the representations set forth in Section 5(a) hereof at any time when such representations are required, the Company shall file a new registration statement with respect to any additional Securities necessary to complete such sales of the Securities and shall cause such registration statement to become effective as promptly as practicable. After the effectiveness of any such registration statement, all references to “Registration Statement” included in this Agreement shall be deemed to include such new registration statement, including all documents incorporated by reference Table of Contents therein pursuant to Item 12 of Form S-3, and all references to “base prospectusProspectus” included in this Agreement shall be deemed to include the final form of prospectus, including all documents incorporated or deemed to be incorporated therein by reference thereinreference, included in any such new shelf registration statement or automatic shelf registration statement, as the case may be, at the time of such registration statement’s effectiveness and at each deemed effective date with respect to the Sales Agent pursuant to Rule 430B(f)(2) under the Securities Actstatement became effective.