Common use of Right of Deferral Clause in Contracts

Right of Deferral. Notwithstanding the foregoing, the Company shall not be obligated to file a registration statement pursuant to this Section 6: (a) if the Company, within 20 days of the receipt of the request of the Initiating Holders, gives notice of its bona fide intention to effect the filing of a Registration Statement with the Commission within 60 days of receipt of such request (other than to a Registration of securities in a Rule 145 transaction or with respect to an employee benefit plan), provided that the Company is actively employing commercially reasonable efforts to cause such Registration Statement to become effective; (b) within six months immediately following the effective date of any Registration Statement pertaining to the securities of the Company (other than a registration of securities in a Rule 145 transaction or with respect to an employee benefit plan); or (c) if the Company shall furnish to such Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board it would be detrimental to the Company or its stockholders for a Registration Statement to be filed in the near future, then the Company shall have the right to defer filing such Registration Statement for a period not to exceed 120 days from the receipt of the request to file such registration by such Holder, provided, however, that the Company shall not exercise the right contained in this subsection (c) more than once in any 12 month period with respect to a demand by the holders of Registrable Securities.

Right of Deferral. Notwithstanding the foregoing, the Company shall not be obligated to file a registration statement pursuant to this Section 67: (a) if the Company, within 20 ten days of the receipt of the request of the Initiating Holders, gives notice of its bona fide intention to effect the filing of a Registration Statement with the Commission within 60 days of receipt of such request (other than to a Registration of securities in a Rule 145 transaction or with respect to an employee benefit plan), provided that the Company is actively employing commercially all reasonable efforts to cause such Registration Statement to become effective; (b) within six months 120 days immediately following the effective date of any Registration Statement pertaining to the securities of the Company (other than a registration of securities in a Rule 145 transaction or with respect to an employee benefit plan); or (c) if the Company shall furnish to such Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its stockholders shareholders for a Registration Statement to be filed in the near future, then the Company shall have the right Company’s obligation to defer filing such use all reasonable efforts to file a Registration Statement shall be deferred for a period not to exceed 120 90 days from the receipt of the request to file such registration by such Holder, ; provided, however, that the Company shall not exercise the right contained in this subsection paragraph (c) more than once in any 12 month period with respect to a demand by the holders of Registrable Securitiesperiod.

Right of Deferral. Notwithstanding the foregoing, the Company shall not be obligated to file a registration statement pursuant to this Section 65: (a) in any particular jurisdiction in which the Company would be required to execute a general consent to service of process in effecting such Registration, qualification, or compliance, unless the Company is already subject to service in such jurisdiction and except as may be required by the Securities Act; (b) if the Company, within 20 ten days of the receipt of the request of the Initiating Holders, gives notice of its bona fide intention to effect the filing of a Registration Statement with the Commission within 60 90 days of receipt of such request (other than with respect to a Registration of securities in registration statement relating to a Rule 145 transaction or with respect an offering solely to an employee benefit planemployees), provided that the Company is actively employing commercially in good faith all reasonable efforts to cause such Registration Statement to become effective; (bc) within six three months immediately following the effective date of any Registration Statement pertaining to the securities of the Company (other than a registration of securities in a Rule 145 transaction or with respect to an employee benefit plan); or (cd) if the Company shall furnish to such Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its stockholders shareholders for a Registration Statement to be filed in the near futureat such time, then the Company shall have the right Company's obligation to defer filing such use its best efforts to file a Registration Statement shall be deferred for a period not to exceed 120 90 days from the receipt of the request to file such registration by such Holder, provided, however, Initiating Holders provided that the Company shall not exercise the right contained in this subsection paragraph (cd) more than once in any 12 month period with respect to a demand by the holders of Registrable Securitiesperiod.

Right of Deferral. Notwithstanding the foregoing, the Company shall not be obligated to file a registration statement pursuant to this Section 67: (aA) if the Company, within 20 ten days of the receipt of the request of the Initiating Holders, gives notice of its bona fide intention to effect the filing of a Registration Statement with the Commission within 60 days of receipt of such request (other than to a Registration of securities in a Rule 145 transaction or with respect to an employee benefit plan), provided that the Company is actively employing commercially all reasonable efforts to cause such Registration Statement to become effective; (bB) within six months immediately following the effective date of any Registration Statement pertaining to the securities of the Company (other than a registration of securities in a Rule 145 transaction or with respect to an employee benefit plan); or (cC) if the Company shall furnish to such Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its stockholders shareholders for a Registration Statement to be filed in the near future, then the Company shall have the right Company's obligation to defer filing such use all reasonable efforts to file a Registration Statement shall be deferred for a period not to exceed 120 90 days from the receipt of the request to file such registration by such Holder, provided, however, Holder provided that the Company shall not exercise the right contained in this subsection paragraph (cd) more than once in any 12 month period with respect period. If the Company elects to defer such filing pursuant to this Section 7.3(c), the Company shall be obligated to file a demand by Registration Statement covering the holders Registrable Securities so requested to be registered within thirty (30) days of Registrable Securitiesthe expiration of the ninety (90) day deferral period.

Right of Deferral. Notwithstanding the foregoing, the Company shall not be obligated to file a registration statement pursuant to this Section 65: (a) in any particular jurisdiction in which the Company would be required to execute a general consent to service of process in effecting such Registration, qualification, or compliance, unless the Company is already subject to service in such jurisdiction and except as may be required by the Securities Act; (b) if the Company, within 20 ten days of the receipt of the request of the Initiating Holders, gives notice of its bona fide intention to effect the filing of a Registration Statement with the Commission within 60 days of receipt of such request (other than with respect to a Registration of securities in registration statement relating to a Rule 145 transaction or with respect an offering solely to an employee benefit planemployees), provided that the Company is actively employing commercially in good faith all reasonable efforts to cause such Registration Statement to become effective; (bc) within six months immediately following the effective date of any Registration Statement pertaining to the securities of the Company (other than a registration of securities in a Rule 145 transaction or with respect to an employee benefit plan); or (cd) if the Company shall furnish to such Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its stockholders for a Registration Statement to be filed in the near future, then the Company shall have the right Company's obligation to defer filing such use its best efforts to file a Registration Statement shall be deferred for a period not to exceed 120 90 days from the receipt of the request to file such registration by such Holder, provided, however, Holder provided that the Company shall not exercise the right contained in this subsection paragraph (cd) more than once in any 12 month period with respect to a demand by the holders of Registrable Securitiesperiod.