Common use of Registration or Qualification of Securities Clause in Contracts

Registration or Qualification of Securities. The Company agrees from and after the expiration of the Restricted Period (as defined below) or such earlier date if the Warrants, the B Units, the shares of Common Stock and the Z Warrants included in the B Units, and/or the shares of Common Stock issuable upon exercise of the Z Warrants are released from any lock-up restriction, but only as to such Warrants, B Units, the shares of Common Stock and the Z Warrants (while the Z Warrants are exercisable) included in the B Units subsequent to a split of the B Units into shares of Common Stock and the Z Warrants, and/or the shares of Common Stock issuable upon exercise of the Z Warrants (while the Z Warrants are exercisable) (together, the “Registrable Securities”) and subject to Section 6(a) hereof, to use its commercially reasonable efforts to enable the resale or issuance of the applicable Registrable Securities not otherwise registered or qualified under an effective registration statement or qualified offering statement, which may be satisfied by: (i) filing a registration statement or offering statement covering such transactions with respect to Registrable Securities; (ii) including such Registrable Securities in additional or secondary registration statements or offering statements filed by the Company for other purposes; or (iii) in any other manner selected by the Company which is then permitted by applicable laws and SEC rules and regulations, any such registration or qualification subject to the applicable rules and regulations of the SEC; provided, however, that the Company shall not be required to use its commercially reasonable efforts to enable the resale or issuance of the Registrable Securities as described in this Section 3(d) if the Registrable Securities are otherwise transferable pursuant to an exemption from registration under the Securities Act (other than pursuant to qualification under Regulation A) or any state securities laws;