Company's Right to Delay Registration. In the event, at any time after giving the applicable Registration Notice pursuant to Section 8.1 and prior to the effective date of the registration statement or amendment thereto under the Securities Act is filed in connection with such registration, the Company shall determine for any reason, after consultation with the Holder or Holders of Option Securities which have requested inclusion in such registration, not to register or to delay registration of such Option Securities, the Company may, at its election, give written notice of such determination to each such Holder of Option Securities and, thereupon, (i) in the case of a determination not to register, the Company shall be relieved of its obligation to register any Option Securities in connection with such registration; provided, however, that such determination by the Company shall be without prejudice to the rights of any Holder or Holders of Option Securities pursuant to Section 8 hereof to include such Holder's or Holders' Option Securities in a subsequent registration by the Company, and (ii) in the case of a determination by the Company to delay registering, the Company shall be permitted to delay registering any Option Securities for the same period as the delay in registering such other securities. The Company will pay all registration expenses in connection with each registration of Option Securities requested pursuant to Section 8 hereof.
Company's Right to Delay Registration. Notwithstanding any other provision of this Agreement, if the Board of Directors of the Company determines in good faith that the filing or effectiveness of a registration statement in connection with any requested registration under Section 2.1(a) would be reasonably likely to materially and adversely affect any material contemplated acquisition, divestiture, registered primary offering or other action as to which the Company has then taken substantial steps, or would require disclosure of facts or circumstances, which disclosure would be reasonably likely to materially and adversely affect any material contemplated acquisition, divestiture, registered primary offering or other action as to which the Company has then taken substantial steps, then the Company may delay such registration for a period of up to 120 days so long as the Company is still pursuing the action that allowed such delay (it being agreed that the Company may not delay requested registrations pursuant to this Section 2.1(h) more than once during any period of 360 consecutive days). If the Company postpones the filing or effectiveness of a registration statement pursuant to this Section 2.1(h), it shall promptly notify the Holders of Registrable Securities in writing when the events or circumstances permitting such postponement have ended.
Company's Right to Delay Registration. If at the time of any ------------------------------------- request to register Registrable Securities under Section 2.1 the Company is engaged or has fixed plans to engage within 90 days of the time of the request in a registered public offering as to which the Holders of Registrable Securities may include Registrable Securities pursuant to Section 2.1, or is engaged in any other activity which, in the good faith determination of the Company's Board of Directors, would be adversely effected by the requested registration to the material detriment of the Company, then the Company may, at its option, direct that such requests be delayed for a period not in excess of four months from the effective date of such offering or the date of commencement of such other material activity, as the case may be or, if earlier, such time as any such material detriment would not occur.
Company's Right to Delay Registration. Notwithstanding the foregoing provisions of this Section 2.1, the Company shall not be obligated to effect a registration pursuant to this Section 2.1 within a period of one (1) year after the effective date of a registration statement previously filed as a result of a request pursuant to this Section 2.1. In addition, if the Company has issued and sold to the public, pursuant to a registration statement filed under the Securities Act, any of its securities within three (3) months prior to the date of its receipt of a request for registration pursuant to this Section 2.1 and the Company's investment banker has advised the Company in writing that the registration of Registrable Securities would materially adversely affect the market for the Common Stock, the Company shall have the right, which may not be exercised more than once in a twelve month period, to delay the requested registration of Registrable Securities for such period as the investment banker may so advise, but no more than one hundred twenty (120) days after the date on which such request was made.
Company's Right to Delay Registration. Notwithstanding clause (a) above, the Company may delay filing the Registration Statement, and may withhold its efforts to cause the Registration Statement to become effective, for the minimum period necessary in the reasonable good faith judgment of the Company, but in no event later than December 31, 2005, if the Company determines in reasonable good faith that such registration would reasonably be expected to (i) interfere with or adversely affect the negotiation or completion of any material transaction that is then being actively contemplated by the Company (whether or not a final decision has been made to undertake such transaction) at the time the right to delay is exercised, or (ii) involves initial or continuing disclosure obligations that might have a material adverse effect on the business, operations or prospects of the Company or might not otherwise be in the best interests of the holders of the Company’s equity securities.
Company's Right to Delay Registration. Notwithstanding the foregoing provisions of this Section 3, (i) the Company shall not be obliged to effect a registration pursuant to this Section 3 within a period of 120 days after the effective date of a Registration Statement previously filed as a result of a request pursuant to this Section 3; (ii) if the Company has issued and sold to the public, pursuant to a registration statement filed under the Securities Act, any of its securities within three months prior to the date of its receipt of a Demand Notice pursuant to this Section 3 and the Company's investment banker has advised the Company in writing that the registration of Registrable Securities would adversely affect the market for the Company's securities covered by such registration statement, the Company shall have the right to delay the requested registration of Registrable Securities for such period as the investment banker may so advise, but no more than 90 days after the date on which such Demand Notice was made; and (iii) the Company shall be entitled to postpone for a reasonable period of time but in no event more than 90 days the filing of any Registration Statement otherwise required to be prepared and filed by it pursuant to this Section 3 if, at the time it receives a Demand Notice pursuant to this Section 3, the Company determines, in its reasonable judgment, that such registration and offering would materially interfere with any financing, acquisition, corporate reorganization or other material transaction involving the Company or any of its affiliates and promptly gives the holders of Registrable Securities written notice of such determination, provided that the Company may exercise its rights under this Section 3(g)(iii) no more than one time during any three hundred and sixty five (365) day period.
Company's Right to Delay Registration. Omitted.
Company's Right to Delay Registration. If at the time of any request to register Units and Registrable Shares pursuant to SECTION 1(a), the Company is engaged or has fixed plans to engage within 30 days of the time of the Demand Notice in a registered public offering as to which the Investors may include Units and Registrable Shares, then the Company may at its option direct that such request be delayed for a period not in excess of 120 days from the effective date of such offering or 120 days from the date of commencement of such other material activity, as the case may be, such right to delay a request to be exercised by the Company not more than once.
Company's Right to Delay Registration. Notwithstanding the foregoing, the Company may delay filing a registration statement, and may withhold its efforts to cause the registration statement to become effective, for the minimum period necessary in the reasonable good faith judgment of the Company, if the Company determines in reasonable good faith that such registration might, (i) interfere with or affect the negotiation or completion of any material transaction that is then being actively contemplated by the Company (whether or not a final decision has been made to undertake such transaction) at the time the right to delay is exercised, or (ii) involve initial or continuing disclosure obligations that might not be in the best interests of the holders of the Company's equity securities.
Company's Right to Delay Registration. In the event, at any time after giving the applicable Registration Notice pursuant to Section 2.1 and prior to the effective date of the registration statement under the Securities Act filed in connection with such registration, the Company shall determine for any reason, after consultation with the holder or holders of Registrable Securities that have requested inclusion in such registration, not to register or to delay registration of such securities, the Company may, at its election, give written notice of such determination to each such holder of Registrable Securities and, thereupon, (i) in the case of a determination not to register, the Company shall be relieved of its obligation to register any Registrable Securities in connection with such registration; provided, however, that such determination by the Company shall be without prejudice to the rights of any holder or holders of Registrable Securities pursuant to Section 2 to include such holder’s or holders’ Registrable Securities in a subsequent registration by the Company, and (ii) in the case of a determination by the Company to delay registering, the Company shall be permitted to delay registering any Registrable Securities for the same period as the delay in registering such other securities. The Company will pay all Registration Expenses in connection with each registration of Registrable Securities requested pursuant to Section 2.
