Common use of Abandonment or Delay Clause in Contracts

Abandonment or Delay. If, at any time after giving written notice of its intention to register any equity securities and prior to the effective date of the registration statement filed in connection with such registration, the Company shall determine for any reason not to register or to delay registration of such equity securities, the Company may, at its election, give written notice of such determination to all Holders and (i) in the case of a determination not to register, shall be relieved of its obligation to register any Common Stock issuable upon conversion of the Debenture in connection with such abandoned registration, and (ii) in the case of a determination to delay such registration of its equity securities, shall be permitted to delay the registration of such Common Stock for the same period as the delay in registering such other equity securities.

Appears in 4 contracts

Samples: 10% Subordinated Convertible Debenture (High Point Transport, Inc.), 8% Senior Subordinated Convertible Debenture (Legend International Holdings Inc), 8% Subordinated Convertible Debenture (Conus Holdings Inc)

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Abandonment or Delay. If, at any time after giving written notice of its intention to register any equity securities its Common Stock and prior to the effective date of the registration statement filed in connection with such registration, the Company shall determine for any reason not to register or to delay registration of such equity securitiesits Common Stock, the Company may, at its election, give written notice of such determination to all Holders and (i) in the case of a determination not to register, shall be relieved of its obligation to register any Common Stock issuable upon conversion of the Debenture Registrable Securities in connection with such abandoned registration, without prejudice, however, to the rights of Holders under Section 2.1(a), and (ii) in the case of a determination to delay such registration of its equity securities, Common Stock shall be permitted to delay the registration of such Common Stock Registrable Securities for the same period as the delay in registering such other equity securitiesits Common Stock.

Appears in 3 contracts

Samples: Investor Rights Declaration (Aspenbio Inc), Investor Rights Agreement (Aspenbio Inc), Investor Rights Agreement (Cambridge Holdings LTD)

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Abandonment or Delay. If, at any time after giving written notice of its intention to register any equity securities its Common Stock and prior to the effective date of the registration statement filed in connection with such registration, the Company shall determine for any reason not to register or to delay registration of such equity securitiesits Common Stock, the Company may, at its election, give written notice of such determination to all Holders the Purchaser and (i) in the case of a determination not to register, shall be relieved of its obligation to register any Common Stock issuable upon conversion of the Debenture Registrable Securities in connection with such abandoned registration, without prejudice, however, to the rights of the Purchaser under Section 2.1(a), and (ii) in the case of a determination to delay such registration of its equity securities, Common Stock shall be permitted to delay the registration of such Common Stock Registrable Securities for the same period as the delay in registering such other equity securitiesits Common Stock.

Appears in 2 contracts

Samples: Investor Rights Agreement (Aspenbio Inc), Investor Rights Agreement (Aspenbio Inc)

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