Common use of APPROVAL OF SHELF REGISTRATIONS Clause in Contracts

APPROVAL OF SHELF REGISTRATIONS. If the Requisite Holders shall have approved the filing of the Shelf Registration as provided in Section 3.3(a), but any holder of Registrable Securities objects to such filing on the grounds that the disclosure contained in the Shelf Registration contains any misstatement of a material fact or omits to state a fact required to be stated therein or necessary to make the statements therein not misleading, then such holder shall have the right, in its sole discretion, to withdraw from the Shelf Registration. If the Parent receives notice of such withdrawal from any holder wishing to withdraw from the Shelf Registration, then the Parent shall not name such holder in the registration statement or, in the case of withdrawal in connection with any amendment or supplement to a registration statement in which such holder is already named, shall amend such registration statement to delete references to such holder, and to withdraw the Registrable Securities of such holder, from the registration statement. The Shelf Registration shall not be considered effective with respect to any such withdrawing holder.

Appears in 2 contracts

Samples: Stockholders Agreement (Scharf Micheal J), Stockholders Agreement (Niagara Corp)

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APPROVAL OF SHELF REGISTRATIONS. If the Requisite Holders shall have approved the filing of the Shelf Registration as provided in Section 3.3(a), but any holder of Registrable Securities objects to such filing on the grounds that the disclosure contained in the Shelf Registration contains any misstatement of a material fact or omits to state a fact required to be stated therein or necessary to make the statements therein not misleading, then such holder shall have the right, in its sole discretion, to withdraw from the Shelf Registration. If the Parent receives notice of such withdrawal from any holder wishing to withdraw from the Shelf Registration, then the Parent shall not name such holder in the registration statement or, in the case of withdrawal in connection with any amendment or supplement to a registration statement in which such holder is already named, shall amend such registration statement to delete references to such holder, and to withdraw the Registrable Securities of such holder, from the registration statement. The Shelf Registration shall not be considered effective with respect to any such withdrawing holder.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Questron Technology Inc), Investors Rights Agreement (Questron Technology Inc)

APPROVAL OF SHELF REGISTRATIONS. If the Requisite Holders shall have approved the filing of the any Shelf Registration as provided in Section 3.3(a6.4(a), but any holder of Registrable Securities objects to such filing on the grounds that the disclosure contained in the Shelf Registration contains any misstatement of a material fact or omits to state a fact required to be stated therein or necessary to make the statements therein not misleading, then such holder shall have the right, in its sole discretion, to withdraw from the Shelf Registration. If the Parent Company receives notice of such withdrawal from any holder wishing to withdraw from the Shelf Registration, then the Parent Company shall not name such holder in the registration statement or, in the case of withdrawal in connection with any amendment or supplement to a registration statement in which such holder is already named, shall amend such registration statement to delete references to such holder, and to withdraw the Registrable Securities of such holder, from the registration statement. The Shelf Registration shall not be considered effective with respect to any such withdrawing holder.

Appears in 1 contract

Samples: Warrant Agreement (Fresh America Corp)

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APPROVAL OF SHELF REGISTRATIONS. If the Requisite Holders shall have approved the filing of the any Shelf Registration as provided in Section 3.3(a)0, but any holder of Registrable Securities objects to such filing on the grounds that the disclosure contained in the Shelf Registration contains any misstatement of a material fact or omits to state a fact required to be stated therein or necessary to make the statements therein not misleading, then such holder shall have the right, in its sole discretion, to withdraw from the Shelf Registration. If the Parent Company receives notice of such withdrawal from any holder wishing to withdraw from the Shelf Registration, then the Parent Company shall not name such holder in the registration statement or, in the case of withdrawal in connection with any amendment or supplement to a registration statement in which such holder is already named, shall amend such registration statement to delete references to such holder, and to withdraw the Registrable Securities of such holder, from the registration statement. The Shelf Registration shall not be considered effective with respect to any such withdrawing holder.

Appears in 1 contract

Samples: Warrant Agreement (Fresh America Corp)

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