Common use of Delays and Suspension Clause in Contracts

Delays and Suspension. The Company may delay the filing of, or suspend or delay the effectiveness of a Registration Statement for up to thirty (30) days, if the Company shall furnish to the Stockholder a certificate signed by the Chief Executive Officer of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its stockholders for such a registration statement to be filed or declared effective or for an effective registration statement not to be suspended. In such event, the Company's obligation under this Agreement to file a registration statement, seek effectiveness of a registration statement or keep such registration statement effective shall be deferred for a period not to exceed sixty (60) days from the receipt of the request to file such registration by the Stockholder, provided that the Company may not exercise this right of deferral for an aggregate of in excess of seventy-five (75) days in any one year period. If the Company suspends the effectiveness of a Registration Statement, the Company will promptly deliver notice to the Stockholder of such suspension and will again deliver notice to the Stockholder when such suspension is no longer necessary. The duration for which the Company is required to keep a Registration Statement effective shall be extended by an additional number of days equal to the length of any suspension period.

Appears in 3 contracts

Samples: Rights Agreement (Commerce One Inc), Rights Agreement (New Commerce One Holding Inc), Registration Rights Agreement (Commerce One Inc)

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Delays and Suspension. The Company may delay the filing of, or suspend or delay the effectiveness of a Registration Statement for up to thirty (30) days, if the Company shall furnish to the Stockholder a certificate signed by the Chief Executive Officer of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its stockholders for such a registration statement to be filed or declared effective or for an effective registration statement not to be suspended. In such event, the Company's ’s obligation under this Agreement to file a registration statement, seek effectiveness of a registration statement or keep such registration statement effective shall be deferred for a period not to exceed sixty (60) days from the receipt of the request to file such registration by the Stockholder, provided that the Company may not exercise this right of deferral for an aggregate of in excess of seventy-five (75) days in any one year period. If the Company suspends the effectiveness of a Registration Statement, the Company will promptly deliver notice to the Stockholder of such suspension and will again deliver notice to the Stockholder when such suspension is no longer necessary. The duration for which the Company is required to keep a Registration Statement effective shall be extended by an additional number of days equal to the length of any suspension period.

Appears in 2 contracts

Samples: Investor Rights Agreement (Intraware Inc), Investor Rights Agreement (Digital River Inc /De)

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Delays and Suspension. The Company may delay the filing of, or suspend or delay the effectiveness of a Registration Statement for up to thirty (30) daysStatement, if the Company shall furnish to the Stockholder Manufacturers a certificate signed by the Chief Executive Officer of the Company stating that in the good faith judgment of the Board of Directors it would be seriously detrimental to the Company or its stockholders for such a registration statement Registration Statement to be filed or declared effective or for an effective registration statement Registration Statement not to be suspended. In such event, the Company's obligation under this Agreement to file a registration statementRegistration Statement, seek effectiveness of a registration statement Registration Statement or keep such registration statement Registration Statement effective shall be deferred for a period not to exceed sixty (60) days from the receipt of the request to file such registration by the Stockholderdays, provided that the Company may not exercise this right of deferral for an aggregate of in excess of seventy-five (75) days in any one year period. If the Company suspends the effectiveness of a Registration Statement, the Company will promptly deliver notice to the Stockholder Manufacturer or Manufacturers participating in such registration of such suspension and will again deliver notice to the Stockholder such Manufacturer or Manufacturers when such suspension is no longer necessary. The duration for which the Company is required to keep a Registration Statement effective shall be extended by an additional number of days equal to the length of any suspension period.

Appears in 2 contracts

Samples: Registration Rights Agreement (Commerce One Inc), Registration Rights Agreement (New Commerce One Holding Inc)

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