Common use of Amendments and Supplements to the Prospectus Clause in Contracts

Amendments and Supplements to the Prospectus. and Other Securities ----------------------------------------------------------------- Act Matters. If, during the Prospectus Delivery Period, any event shall ----------- occur or condition exist as a result of which it is necessary to amend or supplement the Prospectus in order to make the statements therein, in the light of the circumstances when the Prospectus is delivered to a purchaser, not misleading, or if in the opinion of the Underwriter or counsel for the Underwriter it is otherwise necessary to amend or supplement the Prospectus to comply with law, the Company agrees to promptly prepare (subject to Section 3(a) hereof), file with the Commission and furnish, at its own expense, to the Underwriter and to dealers and such other persons (whose names and addresses will be furnished to the Company by the Underwriter) to whom Common Shares might have been sold, amendments or supplements to the Prospectus so that the statements in the Prospectus as so amended or supplemented will not, in the light of the circumstances when the Prospectus is delivered to a purchaser, be misleading or so that the Prospectus, as amended or supplemented, will comply with law.

Amendments and Supplements to the Prospectus. and Other Securities ----------------------------------------------------------------- Act --------------------------------------------------------------------- Matters. If, during the Prospectus Delivery Period, any event shall ----------- occur or ------- condition exist as a result of which it is necessary to amend or supplement the Prospectus in order to make the statements therein, in the light of the circumstances when the Prospectus is delivered to a purchaser, not misleading, or if in the reasonable opinion of the Underwriter Representatives or counsel for the Underwriter Underwriters it is otherwise necessary to amend or supplement the Prospectus to comply with law, the Company agrees to promptly prepare (subject to Section 3(a) hereof), file with the Commission and furnish, furnish at its own expense, expense to the Underwriter Underwriters and to dealers and such other persons (whose names and addresses will be furnished to the Company by the Underwriter) to whom Common Shares might have been solddealers, amendments or supplements to the Prospectus so that the statements in the Prospectus as so amended or supplemented will not, in the light of the circumstances when the Prospectus is delivered to a purchaser, be misleading or so that the Prospectus, as amended or supplemented, will comply with law. The Underwriters shall cease to use the Prospectus upon receiving notice from the Company that an amendment or supplement is required under this paragraph.

Amendments and Supplements to the Prospectus. and Other Securities ----------------------------------------------------------------- Act --------------------------------------------------------------------- Matters. If, during the Prospectus Delivery Period, any event shall ----------- occur ------- or condition exist as a result of which it is the Prospectus, as then amended or supplemented, would include an untrue statement of a material fact or omit to state any material fact necessary to amend or supplement the Prospectus in order to make the statements therein, in the light of the circumstances when the Prospectus is delivered to a purchaser, not misleading, or if in the reasonable opinion of the Underwriter Representative or counsel for the Underwriter Underwriters it is otherwise necessary to amend or supplement the Prospectus to comply with law, the Company agrees to promptly notify each of FBW, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Advest and Sterne Agee and to promptly prepare (subject to Section 3(a4(a) hereof), file with the Commission and furnish, furnish at its own expense, expense to the Underwriter Underwriters and to dealers and such other persons (whose names and addresses will be furnished to the Company by the Underwriter) to whom Common Shares might have been solddealers, amendments or supplements to the Prospectus so that the statements in the Prospectus as so amended or supplemented will notnot include an untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances when the Prospectus is delivered to a purchaser, be not misleading or so that the Prospectus, as amended or supplemented, will comply with law. Neither the consent of any of FBW, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Advest and Sterne Agee to, nor the delivery by any of FBW, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Advest and Sterne Agee of any such amendment or supplement shall constitute a waiver of any of the conditions set forth in Section 6.