Common use of Delay in Filing Clause in Contracts

Delay in Filing. (i) The Company may delay the filing of the registration statement in connection with each Demand Registration for a period of not more than 120 days upon the advice of the investment banker(s) and manager(s) that will administer the offering that a delay is necessary or appropriate under the circumstances. The Company may not use this right to delay more than once with respect to any Demand Registration. (ii) With respect to Series E Special Demand Registrations made pursuant to Section 3(a)(ii) above, in the event that (i) the Company would, in accordance with advice of its outside counsel, be required to disclose in the prospectus contained in such registration statements information not otherwise then required by law to be publicly disclosed; and (ii) in the good faith judgment of the Company's Board of Directors, in accordance with advice of its outside counsel and financial advisors, there is reasonable likelihood that such disclosure, or any other action to be taken in connection with such prospectus, would materially and adversely affect or interfere with any financing, acquisition, merger or similar transaction involving the Company, the filing or continued effectiveness of the registration statements referred to above may be delayed by the Company during no more than three non-consecutive periods each aggregating not more than 30 days in any twelve-month period, provided that in one circumstance during a twelve-month period -------- two such 30-day periods may be consecutive; and provided that the -------- Company shall delay during any such blackout period the filing or effectiveness of any other registration statement required pursuant to the registration rights of the holders of any other securities of the Company.