Common use of Primary Offering Clause in Contracts

Primary Offering. In the event RTA chooses to exercise a Demand Registration on behalf of RTEA and/or KMS but either are unable to sell the Registrable Securities in such Demand Registration under applicable law or due to an SEC position or interpretation regarding such Demand Registration, as promptly as practicable following such an occurrence, the Company shall use its reasonable best efforts to conduct an SEC registered offering of its securities (including, without limitation, debt or equity securities), the net proceeds of which shall be used to repurchase the Registrable Securities from RTEA or KMS, as applicable, that were intended to be part of such Demand Registration. Any such securities offering by the Company shall be deemed to satisfy one Demand Registration under this Section 2.1.