Common use of Failure To Effect Registration Clause in Contracts

Failure To Effect Registration. With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than sixty (60) days after written notice thereof by Holder to the Company; provided that in each case, a Registration Failure shall be deemed to not have occurred if such Registration Failure results from a breach by any holder of a Registrable Security of its obligations pursuant to Section 4 of the Investor Rights Agreement.

Appears in 6 contracts

Samples: Warrant Agreement (Weichai America Corp.), Warrant Agreement (Power Solutions International, Inc.), Warrant Agreement (Weichai America Corp.)

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Failure To Effect Registration. (A) With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than sixty forty five (6045) days after written notice thereof by Holder or such Registration Failure relates solely to the Company’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in the Registration Rights Agreement); provided that in each case, and (B) with respect to a Registration Failure shall be deemed to not have occurred if provided in clause (E) of the definition of “Registration Failure”, such Registration Failure results from occurs and remains uncured for a breach by any holder period of a Registrable Security of its obligations pursuant to Section 4 of the Investor Rights Agreementmore than thirty (30) days.

Appears in 3 contracts

Samples: Warrant Agreement (Melinta Therapeutics, Inc. /New/), Warrant Agreement (Melinta Therapeutics, Inc. /New/), Warrant Agreement (Melinta Therapeutics, Inc. /New/)

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Failure To Effect Registration. With respect to all Registration Failures, a Registration Failure occurs and remains uncured for a period of more than sixty (60) days after written notice thereof by Holder days, and such Registration Failure relates solely to the Company; provided that ’s failure to have the Registration Statement declared effective by the Registration Deadline (as defined in each case, the Registration Rights Agreement) and with respect to a Registration Failure shall be deemed to not have occurred if provided in clause (E) of the definition of “Registration Failure”, such Registration Failure results from occurs and remains uncured for a breach by any holder period of a Registrable Security of its obligations pursuant to Section 4 of the Investor Rights Agreementmore than sixty (60) days.

Appears in 1 contract

Samples: Warrant Agreement (Pacific Biosciences of California Inc)

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