BUY-OUTS OF REGISTRATION DEMAND. In lieu of carrying out its obligations to effect a Piggyback Registration or Demand Registration of any Registrable Securities pursuant to this Article 6, the Company may carry out such obligation by offering to purchase and purchasing such Registrable Securities requested to be registered in an amount in cash equal to the difference between (a) 95% of the last sale price of the Common Stock on the day the request for registration is made and (b) the Exercise Price in effect on such day; provided, however, that the Holder or Holders may withdraw such request for registration rather than accept such offer by the Company.
Appears in 7 contracts
Samples: Warrant Agreement (Zevex International Inc), Warrant Agreement (Zevex International Inc), Underwriting Agreement (Ingenex Inc)
BUY-OUTS OF REGISTRATION DEMAND. In lieu of carrying out its obligations to effect a Piggyback Registration or Demand Registration of any Registrable Securities pursuant to this Article 6, the Company may carry out such obligation by offering to purchase and purchasing such Registrable Securities requested to be registered in at an amount in cash equal to the difference between (a) 95% of the last sale price of the Common Stock on the day the request for registration is made and (b) the Exercise Price in effect on such day; provided, however, that the Holder or Holders may withdraw such request for registration rather than accept such offer by the Company.
Appears in 3 contracts
Samples: Underwriting Agreement (Quantum Epitaxial Designs Inc), Underwriting Agreement (Quantum Epitaxial Designs Inc), Underwriting Agreement (Quantum Epitaxial Designs Inc)
BUY-OUTS OF REGISTRATION DEMAND. In lieu of carrying out its obligations to effect a Piggyback Registration or Demand Registration of any Registrable Securities pursuant to this Article 6, the Company may carry out such obligation by offering to purchase and purchasing such Registrable Securities requested to be registered in an amount in cash equal to the difference between (a) 95% of the last sale price of the Common Stock on the day the request for registration is made and (b) the Exercise Price in effect on such day; provided, however, that the Holder or Holders may withdraw such request for registration rather than accept such offer by the Company.effect
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