Disqualified Institutions

Disqualified Institutions. Means (i) the Persons identified in writing on that certain list delivered by the Company to the Warrantholder on or prior to the date hereof (as such list may be updated from time to time in accordance with this paragraph as described below, the "DQ List"), (ii) any Affiliate of any Person described in clause (i) above that is reasonably identifiable as an Affiliate of such Person solely on the basis of such Affiliate's name, and (iii) any other Affiliate of any Person described in clause (i)... above that is identified from time to time in a written notice to the Warrantholder as described below; provided that (x) following the date hereof, the DQ List may be updated by the Company from time to time to the same extent the similar DQ List is updated in the Registration Rights Agreement, (y) no such update shall apply retroactively to disqualify any Person that has previously acquired a Warrant (but such Person and any of its Affiliates that are Disqualified Institutions shall be prohibited from acquiring any additional Warrants except to the extent otherwise expressly agreed to in writing by the Company), and (z) any designation of a Person as a Disqualified Institution after the date hereof that is permitted pursuant to this definition shall become effective no later than the second Business Day after written notice thereof by the Company to the Warrantholder in accordance with Section 19. View More