Common use of Company Deferral Clause in Contracts

Company Deferral. If the Company shall furnish to the Initiating Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board, it would be materially detrimental to the Company and its stockholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any 12-month period.

Appears in 2 contracts

Samples: Investor Rights Agreement (Xactly Corp), Investor Rights Agreement (Xactly Corp)

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Company Deferral. If the Company shall furnish to the Initiating Holders a certificate signed by the President or Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any 12-month period.

Appears in 1 contract

Samples: Omnibus Amendment (Bayhill Therapeutics, Inc.)

Company Deferral. If the Company shall furnish to the Initiating Holders a certificate signed by the President Chairman of the Company Board stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 180 days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any 12-month period.

Appears in 1 contract

Samples: Investor Rights Agreement (Reply! Inc)

Company Deferral. If the Company shall furnish to the Initiating Holders a certificate signed by the President of the Company stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any 12-month period.

Appears in 1 contract

Samples: Investors' Rights Agreement (Anacor Pharmaceuticals Inc)

Company Deferral. If the Company shall furnish to the Initiating Holders Purchasers a certificate signed by the President Chairman of the Company Board stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders shareholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 180 days after receipt of the request of the Initiating HoldersPurchasers; provided, however, that the Company may not utilize this right more than once in any 12-month period.

Appears in 1 contract

Samples: Registration Rights Agreement (American BriVision (Holding) Corp)

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Company Deferral. If the Company shall furnish to the Initiating Holders a certificate signed by the President Chief Executive Officer of the Company stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 120 days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any 12-month period.

Appears in 1 contract

Samples: Investors' Rights Agreement (Anacor Pharmaceuticals Inc)

Company Deferral. If the Company shall furnish to the Initiating Holders a certificate signed by the Chief Executive Officer or President of the Company stating that in the good faith judgment of the Board, it would be materially seriously detrimental to the Company and its stockholders for such registration statement to be filed and it is therefore essential to defer the filing of such registration statement, then the Company shall have the right to defer such filing for a period of not more than ninety (90) 90 days after receipt of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any 12-month period, and the aggregate number of days such filing is deferred shall not be more than 90 in any 12-month period.

Appears in 1 contract

Samples: Shareholder Agreement (TRIA Beauty, Inc.)

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