Discretion of the Company. In connection with any Company Public Sale Event, subject to the provisions of this Agreement, the Company, in its sole discretion, shall determine whether (a) to proceed with, withdraw from or terminate such Company Public Sale Event, (b) to enter into a purchase agreement or underwriting agreement for such Company Public Sale Event, and (c) to take such actions as may be necessary to close the sale of Common Stock contemplated by such offering, including, without limitation, waiving any conditions to closing such sale which have not been fulfilled.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Pinnacle Systems Inc), Registration Rights Agreement (SWWT Inc), Stock Restriction and Registration Rights Agreement (Pinnacle Systems Inc)
Discretion of the Company. In connection with any Company Public Sale Event or Company Private Sale Event, subject to the provisions of this Agreement, the Company, in its sole discretion, shall determine whether (a) to proceed with, withdraw from or terminate such Company Public Sale Event or Company Private Sale Event, as the case may be, (b) to enter into a purchase agreement or underwriting agreement the Purchase Agreement for such Company Public Sale Event or Company Private Sale Event, as the case may be, and (c) to take such actions as may be necessary to close the sale of New Common Stock contemplated by such offering, including, without limitation, waiving any conditions to closing such sale which have not been fulfilled.
Appears in 2 contracts
Samples: Registration Rights Agreement (Camelot Music Holdings Inc), Registration Rights Agreement (Philip Services Corp/De)
Discretion of the Company. In connection with any Company Public Sale Event or Company Private Sale Event, subject to the provisions of this Agreement, the Company, in its sole discretion, shall determine whether (a) to proceed with, withdraw from or terminate such Company Public Sale Event or Company Private Sale Event, as the case may be, (b) to enter into a purchase agreement or underwriting agreement the Purchase Agreement for such Company Public Sale Event or Company Private Sale Event, as the case may be, and (c) to take such actions as may be necessary to close the sale of Common Stock contemplated by such offering, including, without limitation, waiving any conditions to closing such sale which have not been fulfilled.
Appears in 2 contracts
Samples: Registration Rights Agreement (Icahn Carl C Et Al), Registration Rights Agreement (Philip Services Corp/De)
Discretion of the Company. In connection with any Company Public Sale Event, subject to the provisions of this Agreement, the Company, in its sole discretion, shall determine whether (a) to proceed with, withdraw from or terminate such Company Public Sale Event, (b) to enter into a purchase agreement or underwriting agreement the Purchase Agreement for such Company Public Sale Event, and (c) to take such actions as may be necessary to close the sale of New Common Stock contemplated by such offering, including, without limitation, waiving any conditions to closing such sale which have not been fulfilled.
Appears in 1 contract
Samples: Registration Rights Agreement (Innovative Clinical Solutions LTD)
