Delay for Disadvantageous Condition. If, in connection with any request for registration pursuant to this Article II, the Company provides a certificate, signed by the president or chief executive officer of the Company, to the Requesting Holders stating that, in the good faith judgment of the Board of Directors of the Company and its counsel, it would be materially detrimental to the Company or its stockholders for such Registration Statement either to become effective or to 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 ninety (90) days after the request of the Initial Requesting Holder is given; provided, however, that the Company may not invoke this right more than once in any twelve (12) month period.
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Samples: Registration Rights Agreement (Dgse Companies Inc), Registration Rights Agreement (Dgse Companies Inc)
Delay for Disadvantageous Condition. If, in connection with any request for registration pursuant to this Article IISection 2.01, the Company Corporation provides a certificate, signed by the president or chief executive officer of the CompanyCorporation, to the Requesting Holders stating that, in the good faith judgment of the Board of Directors of the Company Corporation and its counsel, it would be materially detrimental to the Company Corporation or its stockholders for such Registration Statement either to become effective or to remain effective for as long as such Registration Statement otherwise would be required to remain effective, then the Company Corporation 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 ninety sixty (9060) days after the request of the Initial Requesting Holder is given; provided, however, that the Company Corporation may not invoke this right more than once in any twelve (12) month period.
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Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement
Delay for Disadvantageous Condition. If, in connection with any request for registration pursuant to this Article IISection 2, the Company Corporation provides a certificate, signed by the president or chief executive officer of the CompanyCorporation, to the Requesting Holders stating that, in the good faith judgment of the Board of Directors of the Company Corporation and its counsel, it would be materially detrimental to the Company Corporation or its stockholders for such Registration Statement either to become effective or to remain effective for as long as such Registration Statement otherwise would be required to remain effective, then the Company Corporation 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 ninety (90) days after the request of the Initial Requesting Holder is given; provided, however, that the Company Corporation may not invoke this right more than once in any twelve (12) month period.
Appears in 2 contracts
Samples: Registration Rights Agreement (Molycorp, Inc.), Registration Rights Agreement (Molycorp, Inc.)
Delay for Disadvantageous Condition. If, in connection with any request for registration pursuant to this Article IISection 2.01, the Company Corporation provides a certificate, signed by the president or chief executive officer of the CompanyCorporation, to the Requesting Holders stating that, in the good faith judgment of the Board of Directors of the Company Corporation and its counsel, it would be materially detrimental to the Company Corporation or its stockholders for such Registration Statement either to become effective or to remain effective for as long as such Registration Statement otherwise would be required to remain effective, then the Company Corporation 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 ninety (90) 60 days after the request of the Initial Requesting Holder is given; provided, however, that the Company Corporation may not invoke this right more than once in any twelve (12) month period.
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