Company Control. The Company may decline to file a Registration Statement after giving the Initial Notice or the Piggy-Back Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Notice, but prior to the effectiveness of the Registration Statement, provided that the Company shall promptly notify each Holder in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f), notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 4 contracts
Samples: Securityholders Agreement, Management Investor Rights Agreement (Realogy Corp), Management Investor Rights Agreement (NRT Settlement Services of Missouri LLC)
Company Control. The Company may decline to file a Registration Statement after giving the Initial Notice or the Piggy-Back Piggyback Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Piggyback Notice, but prior to the effectiveness of the Registration Statement, provided that the Company shall promptly notify each Holder Stockholder in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder Stockholder or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f), notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 3 contracts
Samples: Management Investor Rights Agreement (Harrahs Entertainment Inc), Management Investor Rights Agreement (CAESARS ENTERTAINMENT Corp), Management Investor Rights Agreement (Harrahs Entertainment Inc)
Company Control. The Company may decline to file a Registration Statement after giving the Initial Notice or the Piggy-Back Piggyback Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Piggyback Notice, but prior to the effectiveness of the Registration Statement, provided that the Company shall promptly notify each Holder Securityholder in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder Securityholder or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f6(a)(vi), notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering; so long as such underwriters are reasonably acceptable to the members of the Apollo Group participating in such Underwritten Offering.
Appears in 2 contracts
Samples: Securityholders Agreement (Realogy Holdings Corp.), Securityholders Agreement (Realogy Holdings Corp.)
Company Control. The Company may decline to file a Registration Statement registration statement after giving the Initial Notice or the Piggy-Back Notice, or withdraw a Registration Statement registration statement after filing and after such Piggy-Back Notice, but prior to the effectiveness of the Registration Statementregistration statement, provided that the Company shall promptly notify each Holder Stockholder in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder Stockholder or otherwise in connection with such withdrawn Registration Statementregistration statement. Except as provided in Section 4(f9(a)(vi), notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 2 contracts
Samples: Stockholders Agreement (Fresh Market Holdings, Inc.), Stockholders Agreement (Fresh Market Holdings, Inc.)
Company Control. The Company may decline to file a Registration Statement after giving the Initial Notice or the Piggy-Back Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Notice, but prior to the effectiveness of the Registration Statement, ; provided that the Company shall promptly notify each Holder in writing of any such action action; and provided further provided, further, that the Company shall bear all reasonable expenses incurred by such Holder or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f), notwithstanding Notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (TAMINCO ACQUISITION Corp)
Company Control. The Company may decline to file a Registration Statement after giving the Initial Notice or the Piggy-Back Piggyback Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Piggyback Notice, but prior to the effectiveness of the Registration Statement, provided that the Company shall promptly notify each Holder in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f), notwithstanding Notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 2 contracts
Samples: Investor Rights Agreement (Uap Holding Corp), Investor Rights Agreement (Salt Holdings Corp)
Company Control. The Company may decline to file a Registration Statement after giving the Initial Notice or the Piggy-Back Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Notice, but prior to the effectiveness of the Registration Statement, provided that the Company shall promptly notify each Holder Xxxxxxx in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder Xxxxxxx or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f4.1(f), notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 2 contracts
Samples: Support Agreement (Realogy Corp), Investor Securityholders Agreement (Realogy Corp)
Company Control. The Company may decline to file a Registration Statement after giving the Initial Notice or the Piggy-Back Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Notice, but prior to the effectiveness of the Registration Statement, provided that the Company shall promptly notify each Holder in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f), notwithstanding Notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 1 contract
Samples: Management Investor Rights Agreement (Affinion Loyalty Group, Inc.)
Company Control. The Company may decline to file a Registration --------------- Statement after giving the Initial Notice or the Piggy-Back Piggyback Notice, or withdraw a Registration Statement after filing and after such Piggy-Back Piggyback Notice, but prior to the effectiveness of the Registration Statement, provided that the Company shall promptly notify each Holder in writing of any such action and provided further that the Company shall bear all reasonable expenses incurred by such Holder or otherwise in connection with such withdrawn Registration Statement. Except as provided in Section 4(f), notwithstanding Notwithstanding any other provision herein, the Company shall have sole discretion to select any and all underwriters that may participate in any Underwritten Offering.
Appears in 1 contract
Samples: Investor Rights Agreement (GSL Corp)