Common use of Deferral of Filing Clause in Contracts

Deferral of Filing. The Company may defer the filing (but not the preparation thereof) of a Registration Statement required by Section 2.3 if, after a request is made, the Board of Directors of the Company has determined in good faith after consultation with independent outside counsel, that the filing of a Registration Statement would require disclosure in the Registration Statement of material, non-public information in order to make the statements in the Registration Statement not misleading which the Company has a bona fide business purpose for preserving as confidential, and disclosure of which would have an adverse effect on the Company or its business. The Company may defer the registration under this paragraph (b) pursuant to the preceding sentence until the earlier of (A) the date upon which such material information is disclosed to the public or disclosure would no longer be material or materially detrimental or (B) 90 days after the Company first makes such good faith determination; provided, however, that the Company shall not utilize this right to defer more than once in any twelve-month period.

Deferral of Filing. The Company may defer the filing (but not the preparation thereof) or effectiveness of a Registration Statement required by requested pursuant to this Section 2.3 if, after a request is made, the Board of Directors of the Company has determined determines in good faith faith, after consultation with independent outside counsel, that the filing of a Company would be required to disclose in such Registration Statement would require disclosure in the Registration Statement of material, non-public information in order to make the statements in the Registration Statement not misleading which the Company has a bona fide business purpose for interest in preserving as confidential, and confidential or the disclosure of which which, in the good faith belief of the Company, would have an adverse effect on the Company or its business. The Company may defer the a registration under this paragraph (b) pursuant to the preceding sentence until the earlier of (Ai) the date upon which such material information is disclosed to the public or disclosure would the Company determines in good faith that such information is no longer be material or materially detrimental that its disclosure no longer would have an adverse effect on the Company or its business, or (Bii) 90 days after the Company first makes determines to defer such good faith determinationfiling or such effectiveness; provided, however, that the Company shall not utilize this right to defer any such registration more than once two (2) times in any twelve-twelve consecutive month period.

Deferral of Filing. The Company may defer the filing (but not the preparation thereof) or effectiveness of a Registration Statement required by Section 2.3 to effect a Demand Registration if, after a request is made, the Board of Directors of the Company has determined determines in good faith faith, after consultation with independent outside counsel, that the filing of a Company would be required to disclose in such Registration Statement would require disclosure in the Registration Statement of material, non-public information in order to make the statements in the Registration Statement not misleading which the Company has a bona fide business purpose for interest in preserving as confidential, and confidential or the disclosure of which which, in the good faith belief of the Company, would have an adverse effect on the Company or its business. The Company may defer the registration a Demand Registration under this paragraph (be) pursuant to the preceding sentence until the earlier of (A) the date upon which such material information is disclosed to the public or disclosure would the Company determines in good faith that such information is no longer be material or materially detrimental that its disclosure no longer would have an adverse effect on the Company or its business, or (B) 90 days after the Company first makes determines to defer such good faith determinationfiling or such effectiveness; provided, however, that the Company shall not utilize this right to defer any such Demand Registration more than once two (2) times in any twelve-twelve consecutive month period.