Demand Rights for Shelf Takedowns. Subject to Sections 2.3 and 8.4, upon the written demand of the relevant Purchaser(s), the Company will facilitate in the manner described in this Agreement a “takedown” of Registerable Securities off of the Registration Statement; provided that the Purchasers may not, individually or collectively, make such demand more than four times in the aggregate; and provided, furthermore, that any demand for an underwritten offering of Conversion Shares shall have an aggregate market value (based on the most recent closing pricing of the Common Stock into which the Notes are convertible at the time of the demand) of at least $50 million. If a demand by any Purchaser has been made for a shelf takedown, no further demands may be made so long as such offering is still being pursued.
Appears in 3 contracts
Samples: Notes Purchase Agreement, Registration Rights Agreement (Eastman Kodak Co), Notes Purchase Agreement (Eastman Kodak Co)
Demand Rights for Shelf Takedowns. Subject to Sections 2.3 and 8.4, upon the written demand of the relevant Purchaser(s), the Company will facilitate in the manner described in this Agreement a “takedown” of Registerable Securities off of the Registration Statement; provided that the Purchasers may not, individually or collectively, make such demand more than four times in the aggregate; and provided, furthermore, that any demand for an underwritten offering of Conversion Shares Series A Preferred Stock shall have an aggregate market value (based on the most recent closing pricing of the Common Stock into which the Notes are Series A Preferred Stock is convertible at the time of the demand) of at least $50 75 million. If a demand by any Purchaser has been made for a shelf takedown, no further demands may be made so long as such offering is still being pursued.
Appears in 2 contracts
Samples: Registration Rights Agreement (Eastman Kodak Co), Series a Preferred Stock Purchase Agreement (Eastman Kodak Co)
