Common use of Hold-Back Agreements Clause in Contracts

Hold-Back Agreements. The Company agrees (i) without the prior written consent of the Holders of a majority of the aggregate principal amount of the then outstanding Securities, not to effect any public or private sale or distribution (including a sale pursuant to Regulation D under the Securities Act) of any securities the same as or substantially similar to those covered by a Registration Statement filed pursuant to Section 2 or 3, or any securities convertible into or exchangeable or exercisable for such securities, during the 10 days prior to, and during the 90-day period beginning on, (A) the effective date of any Registration Statement filed pursuant to Sections 2 and 3, unless the Holders of a majority in aggregate principal amount of Registrable Securities to be included in such Registration Statement consent or (B) the commencement of an underwritten public distribution of Registrable Securities, where the managing underwriter so requests; and (ii) to cause each holder of such securities that are the same as or substantially similar to Registrable Securities issued at any time after the date of this Agreement (other than securities purchased in a registered public offering) to agree, unless prevented by applicable statute or regulation, not to effect any public sale or distribution of any such securities during such periods, including a sale pursuant to Rule 144 or Rule 144A.

Hold-Back Agreements. The Company agrees and the Guarantors agree (i) without the prior written consent of the Holders holders of a majority of the aggregate principal amount of the then outstanding Securities, not to effect any public or private sale or distribution (including a sale pursuant to Regulation D under the Securities Act) of any securities the same as or substantially similar to those covered by a Registration Statement filed pursuant to Section 2 or 33 hereof, or any securities convertible into or exchangeable or exercisable for such securities, during the 10 days prior to, and during the 90-day period beginning on, (A) the effective date of any Registration Statement filed pursuant to Sections 2 and 3, 3 hereof unless the Holders holders of a majority in aggregate principal amount of Registrable Securities to be included in such Registration Statement consent or (B) the commencement of an underwritten public distribution of Registrable Securities, where the managing underwriter so requests; and (ii) to cause each holder of such securities that are the same as or substantially similar to Registrable Securities issued at any time after the date of this Agreement (other than securities purchased in a registered public offering) to agree, unless prevented by applicable statute or regulation, agree not to effect any public sale or distribution of any such securities during such periods, including a sale pursuant to Rule 144 or Rule 144A.

Hold-Back Agreements. The Company agrees and the Guarantors agree (i) without the prior written consent of the Holders of a majority of the aggregate principal amount of the then outstanding Securities, not to effect any public or private sale or distribution (including a sale pursuant to Regulation D under the Securities Act) of any securities the same as or substantially similar to those covered by a Registration Statement filed pursuant to Section 2 or 33 hereof, or any securities convertible into or exchangeable or exercisable for such securities, during the 10 days prior to, and during the 90-day period beginning on, (A) the effective date of any Registration Statement filed pursuant to Sections 2 and 3, Section 3 hereof unless the Holders of a majority in aggregate principal amount of Registrable Securities to be included in such Registration Statement consent or (B) the commencement of an underwritten public distribution of Registrable Securities, where the managing underwriter so requests; and (ii) to cause each holder of such securities that are the same as or substantially similar to Registrable Securities issued at any time after the date of this Agreement (other than securities purchased in a registered public offering) to agree, unless prevented by applicable statute or regulation, agree not to effect any public sale or distribution of any such securities during such periods, including a sale pursuant to Rule 144 or Rule 144A.

Hold-Back Agreements. The Company agrees (i) without the prior written consent of the Holders of a majority of the aggregate principal amount of the then outstanding Securities, not to effect any public or private sale or distribution (including a sale pursuant to Regulation D under the Securities Act) of any securities the same as or substantially similar to those covered by a Registration Statement filed pursuant to Section 2 or 33 hereof, or any securities convertible into or exchangeable or exercisable for such securities, during the 10 days prior to, and during the 90-day period beginning on, (A) the effective date of any Registration Statement filed pursuant to Sections 2 and 3, 3 hereof unless the Holders of a majority in aggregate principal amount of Registrable Securities to be included in such Registration Statement consent or (B) the commencement of an underwritten public distribution of Registrable Securities, where the managing underwriter so requests; and (ii) to cause each holder of such securities that are the same as or substantially similar to Registrable Securities issued at any time after the date of this Agreement (other than securities purchased in a registered public offering) to agree, unless prevented by applicable statute or regulation, agree not to effect any public sale or distribution of any such securities during such periods, including a sale pursuant to Rule 144 or Rule 144A.