Common use of Deferral Clause in Contracts

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.33.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.3, 7(b)(ii) a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish furnishes to the Holder or Holders requesting the filing of initiating a registration statement pursuant to request under this Section 1.3, 2 a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the requesting Holders requesting the filing of a registration statement pursuant to this Section 1.3, a certificate signed by the President or Chief Executive Officer of the Company stating that that, in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating HoldersHolders pursuant to Section 2.2(a) or 2.2(b), as the case may be; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any consecutive twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders Investors requesting the filing of a registration statement pursuant to this Section 1.3Demand Registration, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating HoldersInitiating Investors; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.4, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding anything to the foregoingcontrary contained in the preceding subsection (c), if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled and it is, therefore, essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.33.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such Form F-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.33(a), a certificate signed by the President or Chief Executive Officer of the Company stating that that, in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled at such time, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall will furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.31.2, a certificate signed by the President or Chief Executive Officer of the Company stating that that, in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall will have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement Registration Statement pursuant to this Section 1.32.1, a certificate signed by the President or Chief Executive Officer of the Company stating that that, in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement Registration Statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 90 days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) 12 month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders the Initiating Holder requesting the filing of a registration statement pursuant to this Section 1.32.1, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of reasonable time, not more than to exceed ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 1.33.3, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders Shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.33.5, a certificate signed by the President or Chief Executive Officer CEO of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such Form F-3 or S-3 registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement Shelf Registration Statement pursuant to this Section 1.32.5, a certificate signed by the President or Chief Executive Officer a Representative Director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety sixty (9060) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.3Initiating Holders, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating HoldersRequest Notice; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting Investor following its request of the filing of a registration statement pursuant to this Section 1.32.4, a certificate signed by the President or Chief Executive Officer CEO of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating HoldersInvestor; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided, further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Initiating Holders requesting the filing of a registration statement pursuant to this Section 1.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the reasonable good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 90 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once twice in any twelve (12) month period; provided, further, that upon such deferral, the requested registration will not count as one of the registrations permitted under this Section 2.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.3, a certificate signed by the President Chairman or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled at such time, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.3, 1.2 a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, Board of Directors of the Company it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety sixty (9060) days after receipt of the request of the initiating HoldersRequest; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of reasonable time, not more than to exceed ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if within ten (10) days of receiving the Demand, as the case may be, under this section 2, the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 1.3, a certificate signed by the President chief executive officer or Chief Executive Officer president of the Company Company, stating that that, in the good faith judgment of the Board of Directors of the Company (“Board”), it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may and not utilize this right more than once one time in any twelve (12) 12 month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32(b), a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.33, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.34, a certificate signed by the President president or Chief Executive Officer chief executive officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.33.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the securities of the Company for the account of itself or any other shareholder.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting of a majority of the Outstanding Registrable Securities request the filing of a registration statement pursuant to this Section 1.3, 4 and the Company furnishes to such Holders a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety sixty (9060) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it therefore wishes to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 180 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company -------- shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the -------- ------- Company may not utilize this right more than once twice in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.31(b), a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 1.32, a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.36.1, a certificate signed by the President or Chief Executive Officer of the Company stating that that, in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 90 days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) 12 month period.

Deferral. Notwithstanding the foregoing, if the Company shall -------- furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company -------- ------- may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting Investor following its request of the filing of a registration statement pursuant to this Section 1.3, 4.7 a certificate signed by the President or Chief Executive Officer CEO of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating HoldersInvestor; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided, further, that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the Investor, following its request of the filing of a registration statement pursuant to this Section 1.32.1, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, Company's board of directors it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating HoldersInvestor; provided, however, that the Company may not utilize this right more than once twice in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.3, 7(b)(iii) a certificate signed by the President or Chief Executive Officer of the Company stating that in the reasonable, good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety sixty (9060) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall -------- furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.4, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company -------- ------- may not utilize this right more than once in any twelve (12) twelve-month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.5, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided further that during such ninety (90) day period, the Company shall not file any registration statement pertaining to the public offering of any securities of the Company.

Deferral. Notwithstanding the foregoing, if the Company shall furnish furnishes to the Holder or Holders requesting the filing of initiating a registration statement pursuant to request under this Section 1.3, 2 a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board of Directors of the Company (the “Board”), it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.. (e)

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of an independent committee of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred eighty (90180) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 1.34, a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled at such time, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.3, Holder a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating HoldersDemand Notice; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish furnishes to the Holder or Holders requesting the filing of initiating a registration statement pursuant to request under this Section 1.3, 2 a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the board of directors of the Company (the “Board”), it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall -------- furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.4, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company -------- ------- may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Registered Holders requesting the filing of a registration statement pursuant to this Section 1.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety one hundred twenty (90120) days after receipt of the request of the initiating Registered Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.33.1, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if If the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled and it is, therefore, essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.31.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the BoardBoard of Directors of the Company, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.2, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month 360-day period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 1.3paragraph 2, a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month months period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32(d), a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period., and the period of time that the Company is obligated to maintain the effectiveness of any

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.32.3, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filedfiled and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish furnishes to the Holder or Holders requesting the filing of initiating a registration statement pursuant to request under this Section 1.3, 2 a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board of Directors of the Company (the “Board”), it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to this Section 1.3paragraph 4, a certificate signed by the President or Chief Executive Officer a director of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders shareholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.3, a certificate signed by the President or Chief Executive Officer or President of the Company stating that in the good faith judgment of the Board, Board of Directors of the Company it would not be materially detrimental to in the best interest of the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer taking action with respect to such filing for a period of not more than ninety one hundred eighty (90180) days after receipt the date of the request of the initiating Holderssuch certificate; provided, however, that the Company may shall not utilize defer its obligation in this right manner more than once in any twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to the Holders requesting the filing of a registration statement pursuant to under this Section 1.3, 2.2 a certificate signed by the President or Chief Executive Officer of the Company stating that that, in the good faith judgment of a majority of the Boardindependent members of the Board of Directors of the Company, it such a registration would be materially detrimental to the Company and its stockholders for such registration statement to be filedCompany, then the Company shall have the right to Exhibit 4.4 Execution Copy defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period; provided, further, that the Company shall not register any other of its shares during such twelve (12) month period.

Deferral. Notwithstanding the foregoing, if the Company shall furnish to Holders requesting the filing of a registration statement pursuant to this Section 1.31.4, a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12) month period.