Deferred registration Clause Samples

Deferred registration. If, having considered all the circumstances, the Sponsor is of the view that the public interest benefits of registering the Clinical Investigation on the timescale specified in clause 4.2 are outweighed by the harm that registration at that time might do to the commercial value of the Investigational Medical Device or the commercial interests of the Sponsor, registration of the Clinical Investigation may be deferred as follows:

Deferred registration. If, having considered all the circumstances, the Sponsor is of the view that the public interest benefits of registering the Clinical Investigation on the timescale specified in clause 4.2 are outweighed by the harm that registration at that time might do to the commercial value of the Investigational Medical Device or the commercial interests of the Sponsor, registration of the Clinical Investigation may be deferred as follows: 4.3.1 Regulated Clinical Investigation The Sponsor may defer registration until 30 days after the date that the Investigational Medical Device is CE Marked for the intended purpose being investigated. In the event that the Sponsor decides not to CE ▇▇▇▇ the Investigational Medical Device for the intended purpose being investigated, the Sponsor may defer registration for up to 24 months after the Completion Date. The Clinical Investigation shall also be registered within 21 days of a decision to close the Clinical Investigation on safety grounds. In any event, the Sponsor shall register the Clinical Investigation within 36 months of the date scheduled for resolution of all CRF queries set out in Appendix 2.

Deferred registration. Notwithstanding the foregoing obligations, if the Company furnishes to Holders requesting a registration pursuant to Subsection 2.1, a certificate signed by the Company’s chief executive officer stating that in the good faith judgment of the Company, it would be materially detrimental to the Company and its shareholders for such Registration Statement to either become effective or remain effective for as long as such Registration Statement otherwise would be required to remain effective, then the Company shall have the right to defer taking action with respect to such filing, and any time periods with respect to filing or effectiveness thereof shall be tolled correspondingly, for a period of not more than one hundred eighty (180) days after the request of the Initiating Holders is given; provided, however, that the Company may not invoke this right more than once in any twelve (12) month period.

Deferred registration. The Company agrees that no registration statement with respect to any shares of Common Stock, options or conversion rights shall be declared effective by the SEC earlier than 180 days (plus such additional days as equals the total number of days during each Delay Period, defined in the Registration Agreement, and during each Delisting Period), after the effective date of the registration statement with respect to the Securities ("Restricted Registration Period"). Notwithstanding the foregoing, such restriction shall not apply to registration statements relating to equity securities to be issued solely in connection with an acquisition of any entity or business, or in connection with stock option or other employee benefit plans, or to not more than one underwritten public offering by the Company which covers only shares of Common Stock being sold by the Company for its own account (and not for the account of any other person or entity), or to registration statements required to be filed by the Company during the Restricted Registration Period pursuant to a non-appealable court order involuntarily imposed upon the Company. The Company agrees to diligently use its commercially reasonable efforts to oppose any such court order, and to seek appellate review thereof if permissible.