Common use of Effective Demand Clause in Contracts

Effective Demand. For purpose of clause (ii) of Section 2.01(b) hereof, a Demand, if made pursuant to Section 2.01(a) and not withdrawn in accordance with Section 2.01(e), shall be deemed to have been made only if (i) in response thereto, the Company shall have filed a Registration Statement, (ii) such Registration Statement shall have been declared effective under the Securities Act and (iii) such Registration Statement shall not have become the subject of any stop order, injunction or other order or requirement of the Commission or any other governmental or administrative agency which prevents the sale of the relevant Registrable Securities pursuant to such Registration Statement, and no court prevents or otherwise limits the sale of such securities pursuant to such Registration Statement; provided, however, that, notwithstanding anything to the contrary set forth in this Section 2.01(f), a Demand shall be deemed to have been made by a Stockholder, if the Stockholder made a Demand and either (x) withdrew such Demand after the earlier of (A) the execution of the underwriting agreement or the execution of the custody agreement with respect to such Demand Registration or (B) in the absence of any such agreement, the date on which the Registration Statement filed pursuant to such Demand is declared effective, or (y) the failure of one or more of the conditions set forth in clauses (i), (ii) or (iii) of this Section 2.01(f) to be satisfied is attributable to the acts or omissions of the Stockholder.

Effective Demand. For purpose of clause (ii) of Section 2.01(b2.1(b) hereof, a Demand, if made pursuant to Section 2.01(a2.1(a) and not withdrawn in accordance with Section 2.01(e2.1(e), shall be deemed to have been made only if (i) in response thereto, the Company shall have filed a Registration Statement, (ii) such Registration Statement shall have been declared effective under the Securities Act and (iii) such Registration Statement shall not have become the subject of any stop order, injunction or other order or requirement of the Commission or any other governmental or administrative agency which prevents the sale of the relevant Registrable Securities pursuant to such Registration Statement, and no court prevents or otherwise limits the sale of such securities pursuant to such Registration Statement; provided, however, that, notwithstanding anything to the contrary set forth in this Section 2.01(f2.1(f), a Demand shall be deemed to have been made by a StockholderComverse, if the Stockholder Comverse made a Demand and either (x) Comverse withdrew such Demand after the earlier of (A) the execution of the underwriting agreement or the execution of the custody agreement with respect to such Demand Registration or (B) in the absence of any such agreement, the date on which the Registration Statement filed pursuant to such Demand is declared effective, or (y) the failure of one or more of the conditions set forth in clauses (i), (ii) or (iii) of this Section 2.01(f2.1(f) to be satisfied is attributable to the acts or omissions of the StockholderComverse.

Effective Demand. For purpose of clause (ii) of this Section 2.01(b) hereof2.01, a Demand, if made pursuant to Section 2.01(a) and not withdrawn in accordance with Section 2.01(e), shall be deemed to have been made only if (i1) in response thereto, the Company shall have filed a Registration Statement, (ii2) such Registration Statement shall have been declared effective under the Securities Act and (iii3) such Registration Statement shall not have become the subject of any stop order, injunction or other order or requirement of the Commission or any other governmental or administrative agency which prevents the sale of the relevant Registrable Securities pursuant to such Registration Statement, and no court prevents or otherwise limits the sale of such securities pursuant to such Registration Statement; provided, however, that, notwithstanding anything to the contrary set forth in this Section 2.01(f), a Demand shall be deemed to have been made by a Stockholder, the Stockholder if the Stockholder made a Demand and either (x) withdrew such Demand after the earlier of (Aa) the execution of the underwriting agreement or the execution of the custody agreement with respect to such Demand Registration or (Bb) in the absence of any such agreement, the date on which the Registration Statement filed pursuant to such Demand is declared effective, or (y) the failure of one or more of the conditions set forth in clauses (i1), (ii2) or (iii3) of this Section 2.01(f) to be satisfied is attributable to the acts or omissions of the Stockholder.

Effective Demand. For purpose of clause (ii) of Section 2.01(b2.1(b) hereof, a Demand, if made pursuant to Section 2.01(a2.1(a) and not withdrawn in accordance with Section 2.01(e2.1(e), shall be deemed to have been made only if (i) in response thereto, the Company shall have filed a Registration Statement, (ii) such Registration Statement shall have been declared effective under the Securities Act and (iii) such Registration Statement shall not have become the subject of any stop order, injunction or other order or requirement of the Commission or any other governmental or administrative agency which prevents the sale of the relevant Registrable Securities pursuant to such Registration Statement, and no court prevents or otherwise limits the sale of such securities pursuant to such Registration Statement; provided, however, that, notwithstanding anything to the contrary set forth in this Section 2.01(f2.1(f), a Demand shall be deemed to have been made by a StockholderOIL, if the Stockholder OIL made a Demand and either (x) OIL withdrew such Demand after the earlier of (A) the execution of the underwriting agreement or the execution of the custody agreement with respect to such Demand Registration or (B) in the absence of any such agreement, the date on which the Registration Statement filed pursuant to such Demand is declared effective, or (y) the failure of one or more of the conditions set forth in clauses (i), (ii) or (iii) of this Section 2.01(f2.1(f) to be satisfied is attributable to the acts or omissions of the StockholderOIL.

Effective Demand. For purpose of clause (ii) of Section 2.01(b) hereof, a Demand, if made pursuant to Section ‎Section 2.01(a) and not withdrawn in accordance with Section ‎Section 2.01(e), shall be deemed to have been made only if (i7) in response thereto, the Company shall have filed a Registration Statement, (ii) 8) such Registration Statement shall have been declared effective under the Securities Act and (iii9) such Registration Statement shall not have become the subject of any stop order, injunction or other order or requirement of the Commission or any other governmental or administrative agency which prevents the sale of the relevant Registrable Securities pursuant to such Registration Statement, and no court prevents or otherwise limits the sale of such securities pursuant to such Registration Statement; provided, however, that, notwithstanding anything to the contrary set forth in this Section ‎Section 2.01(f), a Demand shall be deemed to have been made by a Stockholder, if the Stockholder made a Demand and either (x) withdrew such Demand after the earlier of (Aa) the execution of the underwriting agreement or the execution of the custody agreement with respect to such Demand Registration or (Bb) in the absence of any such agreement, the date on which the Registration Statement filed pursuant to such Demand is declared effective, or (y) the failure of one or more of the conditions set forth in clauses (i‎(i), (ii‎(ii) or (iii‎(iii) of this Section ‎Section 2.01(f) to be satisfied is attributable to the acts or omissions of the Stockholder.

Effective Demand. For purpose of clause (ii) of Section 2.01(b2.1(b) hereof, a Demand, if made pursuant to Section 2.01(a2.1(a) and not withdrawn in accordance with Section 2.01(e2.1(e), shall be deemed to have been made only if (i) in response thereto, the Company shall have filed a Registration Statement, (iiiii) such Registration Statement shall have been declared effective under the Securities Act and (iii) such Registration Statement shall not have become the subject of any stop order, injunction or other order or requirement of the Commission or any other governmental or administrative agency which prevents the sale of the relevant Registrable Securities pursuant to such Registration Statement, and no court prevents or otherwise limits the sale of such securities pursuant to such Registration Statement; provided, however, that, notwithstanding anything to the contrary set forth in this Section 2.01(f2.1(f), a Demand shall be deemed to have been made by a StockholderComverse, if the Stockholder Comverse made a Demand and either (x) Comverse withdrew such Demand after the earlier of (A) the execution of the underwriting agreement or the execution of the custody agreement with respect to such Demand Registration or (B) in the absence of any such agreement, the date on which the Registration Statement filed pursuant to such Demand is declared effective, or (y) the failure of one or more of the conditions set forth in clauses (i), (ii) or (iii) of this Section 2.01(f2.1(f) to be satisfied is attributable to the acts or omissions of the StockholderComverse.

Effective Demand. For purpose of clause (ii) of this Section 2.01(b) hereof2.01, a Demand, if made pursuant to Section 2.01(a) and not withdrawn in accordance with Section 2.01(e), shall be deemed to have been made only if (i1) in response thereto, the Company shall have filed a Registration Statement, (ii2) such Registration Statement shall have been declared effective under the Securities Act and (iii3) such Registration Statement shall not have become the subject of any stop order, injunction or other order or requirement of the Commission or any other governmental or administrative agency which prevents the sale of the relevant Registrable Securities pursuant to such Registration Statement, and no court prevents or otherwise limits the sale of such securities pursuant to such Registration Statement; provided, however, that, notwithstanding anything to the contrary set forth in this Section 2.01(f), a Demand shall be deemed to have been made by a Stockholder, the Stockholder if the Stockholder made a Demand and either (x) withdrew such Demand after the earlier of (A) the execution of the underwriting agreement or the execution of the custody agreement with respect to such Demand Registration or (B) in the absence of any such agreement, the date on which the Registration Statement filed pursuant to such Demand is declared effective, or (y) the failure of one or more of the conditions set forth in clauses (i1), (ii2) or (iii3) of this Section 2.01(f) to be satisfied is attributable to the acts or omissions of the Stockholder.