Frequency; Duration. The Company shall not be required to effect more than two Demand Registrations pursuant to this Agreement. The Company shall not be required to effect a Demand Registration pursuant to this Section 3: (i) if it shall have so effected a Demand Registration during the previous 12 months; (ii) if the Initiating Demand Holders shall have requested such Demand Registration after the third anniversary of the Closing Date; or (iii) during the Shelf Period, unless the requested Demand Registration is to be underwritten, on either a firm commitment or best efforts basis, and the managing underwriter or underwriters have requested in a written opinion to the Initiating Demand Holders and the Company that a new registration statement be filed in the interest of the proposed offering; provided, however, that a Demand Registration shall not be deemed to have been effected for purposes of Section 3(b)(i) if the applicable registration statement has not been declared effective and kept effective until the earlier of (i) four months following the date on which such registration statement was declared effective and (ii) the sale pursuant to such registration statement of the Registrable Securities covered thereby.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Minotto Gene J), Registration Rights Agreement (Minotto Gene J), Agreement and Plan of Merger (Fuqua Enterprises Inc)
