REGISTRATION AFTER FEBRUARY 17, 2008, AS SUCH HOLDER'S REVISED
PRO RATA SHARE; PROVIDED, FURTHER, HOWEVER, THAT IF THE MANAGING UNDERWRITERS
DETERMINE THAT THE INCLUSION OF THE NUMBER OF OTHER INVESTOR REGISTRABLE
SECURITIES AND ALDABRA REGISTRABLE SECURITIES PROPOSED TO BE INCLUDED IN ANY
SUCH OFFERING WOULD ADVERSELY AFFECT THE MARKETABILITY OF SUCH OFFERING, THE
COMPANY MAY EXCLUDE SUCH NUMBER OF OTHER INVESTOR REGISTRABLE SECURITIES AND
ALDABRA REGISTRABLE SECURITIES PRO RATA AS NECESSARY TO NEGATE SUCH ADVERSE
IMPACT.
(E)
OTHER REGISTRATIONS.
IF THE COMPANY HAS PREVIOUSLY FILED A
REGISTRATION STATEMENT WITH RESPECT TO REGISTRABLE SECURITIES PURSUANT TO
SECTION 3 OR PURSUANT TO THIS SECTION 4, AND IF SUCH PREVIOUS REGISTRATION HAS
NOT BEEN WITHDRAWN OR ABANDONED, THE COMPANY SHALL NOT FILE OR CAUSE TO BE
EFFECTED ANY OTHER REGISTRATION OF ANY OF ITS EQUITY SECURITIES OR SECURITIES
CONVERTIBLE OR EXCHANGEABLE INTO OR EXERCISABLE FOR ITS EQUITY SECURITIES UNDER
THE SECURITIES ACT (EXCEPT ON FORM S-8 OR ANY SUCCESSOR FORM), WHETHER ON ITS
OWN BEHALF OR AT THE REQUEST OF ANY HOLDER OR HOLDERS OF SUCH SECURITIES, UNTIL
A PERIOD OF AT LEAST 120 DAYS HAS ELAPSED FROM THE EFFECTIVE DATE OF SUCH
PREVIOUS REGISTRATION.
5.
REGISTRATION PROCEDURES.
WHENEVER THE HOLDERS OF REGISTRABLE
SECURITIES HAVE REQUESTED THAT ANY REGISTRABLE SECURITIES BE REGISTERED PURSUANT
TO THIS AGREEMENT, THE COMPANY SHALL USE ITS BEST EFFORTS TO EFFECT THE
REGISTRATION AND THE SALE OF SUCH REGISTRABLE SECURITIES IN ACCORDANCE WITH THE
INTENDED METHOD OF DISPOSITION THEREOF, AND PURSUANT THERETO THE COMPANY SHALL
AS EXPEDITIOUSLY AS POSSIBLE:
(A)
PREPARE AND FILE WITH THE SECURITIES AND EXCHANGE COMMISSION A
REGISTRATION STATEMENT WITH RESPECT TO SUCH REGISTRABLE SECURITIES WITHIN 120
DAYS (IN CONNECTION WITH AN INITIAL PUBLIC OFFERING) OR 60 DAYS (IN CONNECTION
WITH ALL OTHER PUBLIC OFFERINGS) AND USE ITS BEST EFFORTS TO CAUSE SUCH
REGISTRATION STATEMENT TO BECOME EFFECTIVE (PROVIDED THAT BEFORE FILING A
REGISTRATION STATEMENT OR PROSPECTUS OR ANY AMENDMENTS OR SUPPLEMENTS THERETO,
THE COMPANY SHALL FURNISH TO THE COUNSEL SELECTED BY THE HOLDERS OF A MAJORITY
OF THE REGISTRABLE SECURITIES COVERED BY SUCH REGISTRATION STATEMENT COPIES OF
ALL SUCH DOCUMENTS PROPOSED TO BE FILED);
(B)
PROMPTLY NOTIFY EACH HOLDER OF REGISTRABLE SECURITIES OF THE
EFFECTIVENESS OF EACH REGISTRATION STATEMENT FILED HEREUNDER AND PREPARE AND
FILE WITH THE SECURITIES AND EXCHANGE COMMISSION SUCH AMENDMENTS AND SUPPLEMENTS
TO SUCH REGISTRATION STATEMENT AND THE PROSPECTUS USED IN CONNECTION THEREWITH
AS MAY BE NECESSARY TO KEEP SUCH REGISTRATION STATEMENT EFFECTIVE FOR A PERIOD
OF NOT LESS THAN 180 DAYS AND COMPLY WITH THE PROVISIONS OF THE SECURITIES ACT
WITH RESPECT TO THE DISPOSITION OF ALL SECURITIES COVERED BY SUCH REGISTRATION
STATEMENT DURING SUCH PERIOD IN ACCORDANCE WITH THE INTENDED METHODS OF
DISPOSITION BY THE SELLERS THEREOF SET FORTH IN SUCH REGISTRATION STATEMENT;
12
(C)
FURNISH TO EACH SELLER OF REGISTRABLE SECURITIES SUCH NUMBER OF
COPIES OF SUCH REGISTRATION STATEMENT, EACH AMENDMENT AND SUPPLEMENT THERETO,
THE PROSPECTUS INCLUDED IN SUCH REGISTRATION STATEMENT (INCLUDING EACH
PRELIMINARY PROSPECTUS) AND SUCH OTHER DOCUMENTS AS SUCH SELLER MAY REASONABLY
REQUEST IN ORDER TO