Common use of An Exchange Offer Registration Statement pursuant to Section Clause in Contracts

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC unless such action by the SEC is no longer required; PROVIDED, HOWEVER, that, if, after it has been declared effective, the offering of Registrable Notes pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Notes pursuant to such Registration Statement may legally resume. In the event that the Exchange Offer is not consummated and, if a Shelf Registration Statement is required hereby, the Shelf Registration Statement is not declared or permitted to go effective on or prior to the date that is six months after the Closing Date, the annual interest rate borne by the Notes will increase by 0.5% per annum, until the date the Exchange Offer is consummated or a Shelf Registration Statement is declared effective.

Appears in 2 contracts

Samples: Registration Rights Agreement (Viatel Inc), Registration Rights Agreement (Viatel Inc)

AutoNDA by SimpleDocs

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC unless such action by the SEC is no longer requiredSEC; PROVIDED, HOWEVER, that, if, after it has been declared effective, the offering of Registrable Notes Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Notes Securities pursuant to such Registration Statement may legally resume. In As provided for in the Indenture, in the event that the Exchange Offer is not consummated and, if a Shelf Registration Statement is required hereby, and the Shelf Registration Statement is not declared or permitted to go effective on or prior to December 12, 1998, interest on the date that is six months after Securities (in addition to the Closing Dateaccrual of interest otherwise due on the Securities) will accrue from December 12, the annual interest 1998, at a rate borne by the Notes will increase by of 0.5% per annum, and be payable in cash semi-annually, commencing December 15, 1998, until the date the Exchange Offer is consummated or a Shelf Registration Statement is declared effectiveeffective by the SEC.

Appears in 1 contract

Samples: Registration Rights Agreement (Dobson Wireline Co)

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC unless such action by the SEC is no longer requiredSEC; PROVIDEDprovided, HOWEVERhowever, that, if, after it has been declared effective, the offering of Registrable Notes pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or court, such Registration Statement will be deemed not to have become effective during the period of such interference until the offering of Registrable Notes pursuant to such Registration Statement may legally resume. In As provided for in the Indenture, in the event that the Exchange Offer is not consummated and, if a Shelf Registration Statement is required hereby, and the Shelf Registration Statement is not declared or permitted to go effective on or prior to the date that is six months after the Closing DateJuly 15, the annual 2000, interest rate borne by on the Notes (in addition to the accrual of interest (or original issue discount) otherwise due on the Notes) will increase by 0.5accrue from July 15, 2000, at a rate of 0.5 % per annumannum and be payable in cash semi-annually, commencing January 15, 2001, until the date the Exchange Offer is consummated or a the Shelf Registration Statement is declared effectiveeffective by the SEC.

Appears in 1 contract

Samples: Placement Agreement (Earthwatch Inc)

AutoNDA by SimpleDocs

An Exchange Offer Registration Statement pursuant to Section. 2(a) hereof or a Shelf Registration Statement pursuant to Section 2(b) hereof will not be deemed to have become effective unless it has been declared effective by the SEC unless such action by the SEC is no longer requiredSEC; PROVIDEDprovided, HOWEVERhowever, that, if, after it has been declared effective, the Exchange Offer or the offering of Registrable Notes Securities pursuant to a Shelf Registration Statement is interfered with by any stop order, injunction or other order or requirement of the SEC or any other governmental agency or 8 7 court, such Registration Statement will not be deemed not to have become effective during the period of such interference until the Exchange Offer or the offering of Registrable Notes Securities pursuant to such Registration Statement may legally resume. In the event that the Exchange Offer is not consummated andor, if a Shelf Registration Statement is required herebyapplicable, the Shelf Registration Statement is not declared or permitted to go effective on or prior to December 25, 1998, interest on the date that is six months Securities (in addition to interest otherwise due on the Securities after such date) will accrue, at the Closing Date, the annual interest rate borne by the Notes will increase by of 0.5% per annumannum and be payable in cash semi-annually on July 1 and January 1 of each year, commencing January 1, 1999 until the date either the Exchange Offer is consummated or a the Shelf Registration Statement is declared effectiveeffective by the SEC (after which time no such additional interest will accrue).

Appears in 1 contract

Samples: Registration Rights Agreement (Us Xchange LLC)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!