Common use of Company Right to Postpone Registration Clause in Contracts

Company Right to Postpone Registration. The Company shall be entitled to postpone for a reasonable period of time (but not exceeding 120 days) the filing or effectiveness of any registration statement otherwise required to be prepared and filed by it pursuant to this Agreement if the Company determines (i) in its good faith judgment after consultation with its external U.S. securities counsel of nationally recognized standing that such registration and offering would require premature disclosure of material information which the Company has a bona fide business purpose for preserving as confidential or (ii) in its good faith judgment after consulting with an Independent Investment Banking Firm that the filing of the registration statement and the related sale of securities of the Company would be reasonably likely to have an adverse affect on the Company's financing plans or any planned material transaction involving the Company, including, without limitation, sales of securities of the Company, in each case provided that the Company promptly gives the Holders of Registrable Securities requesting registration thereof pursuant to Section 2.1 written notice of such delay. If the Company shall so postpone the filing or effectiveness of a registration statement, such Holders of Registrable Securities requesting registration thereof pursuant to Section 2.1 shall have the right to withdraw the request for registration by giving written notice to the Company within 30 days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted for purposes of the requests for registration to which Holders of Registrable Securities are entitled pursuant to Section 2.1 hereof. The Company shall not be permitted to postpone registration pursuant to this Section 3.4 more than once in any 365-day period.

Company Right to Postpone Registration. The Company shall be entitled to postpone for a reasonable period of time (but not exceeding 120 days) the filing or effectiveness of any registration statement otherwise required to be prepared and filed by it pursuant to Section 4.1 of this Agreement if the Company determines (i) in its good faith judgment after consultation with its external U.S. outside securities counsel of nationally recognized standing that such registration and offering would require premature disclosure of material information which the Company has a bona fide business purpose for preserving as confidential or (ii) in its good faith judgment after consulting with an Independent Investment Banking Firm that the filing of the registration statement and the related sale of securities of the Company would be reasonably likely to have an adverse affect on the Company's financing plans or any planned material transaction involving the Companyplans, including, without limitation, including sales of securities of the Company, in each case provided that the Company promptly gives the Holders of Registrable Securities requesting registration thereof pursuant to Section 2.1 4.1 written notice of such delay. If the Company shall so postpone the filing or effectiveness of a registration statement, such Holders of Registrable Securities requesting registration thereof pursuant to Section 2.1 4.1 shall have the right to withdraw the request for registration by giving written notice to the Company within 30 days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted for purposes of the requests for registration to which Holders of Registrable Securities are entitled pursuant to Section 2.1 4.1 hereof. The Company shall not be permitted to postpone registration pursuant to this Section 3.4 4.6 more than once in any 365-day period.

Company Right to Postpone Registration. The Company shall be entitled -------------------------------------- to postpone for a reasonable period of time (but not exceeding 120 daysninety (90) days and no more than once in any twelve (12) month period) the filing or effectiveness of any registration statement otherwise required to be prepared and filed by it pursuant to this Agreement if the Company determines (i) deter mines, in its good faith judgment after consultation with its external U.S. securities counsel of nationally recognized standing reasonable judgment, that such registration and offering would require premature disclosure of material information which the Company has a bona fide business purpose for preserving as confidential interfere with any financing, acquisition, corporate reorganization or (ii) in its good faith judgment after consulting with an Independent Investment Banking Firm that the filing of the registration statement and the related sale of securities of the Company would be reasonably likely to have an adverse affect on the Company's financing plans or any planned other material transaction involving the Company, including, without limitation, sales Company or any of securities of the Company, in each case provided that the Company its Affiliates or would require premature disclosure thereof and promptly gives the Holders holders of Registrable Securities requesting registration thereof pursuant to Section 2.1 or 2.3 written notice of such delay. If the Company shall so postpone the filing or effectiveness of a registration statement, such Holders holders of Registrable Securities requesting registration registra tion thereof pursuant to Section 2.1 or 2.3 shall have the right to withdraw the request for registration by giving written notice to the Company within 30 thirty (30) days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted for purposes of the requests for registration to which Holders holders of Registrable Securities are entitled pursuant to Section 2.1 or 2.3 hereof. The Company shall not be permitted to postpone registration pursuant to this Section 3.4 more than once in any 365-day period.