Common use of Holdback; Postponement Clause in Contracts

Holdback; Postponement. Notwithstanding the other provisions of this Agreement, if (a) there is material non-public information regarding the Company which the Company’s Board of Directors reasonably and in good faith determines not to be in the Company’s best interest to disclose and which the Company is not otherwise required to disclose, or (b) there is a extraordinary business opportunity (including but not limited to the acquisition or disposition of assets (other than in the ordinary course of business) or any merger, consolidation, tender offer or other similar extraordinary transaction not in the ordinary course of business) available to the Company which the Company’s Board of Directors reasonably and in good faith determines not to be in the Company’s best interest to disclose, then the Company may (upon not less than two trading days prior written notice by same day delivery of fax or hand delivery) postpone or suspend filing or effectiveness of a registration statement for a period not to exceed 90 days, provided that the Company may not postpone or suspend filing or effectiveness of a registration statement for more than 180 days in the aggregate during any 365-day period and there shall be an aggregate of not more than two (2) suspensions during any 365-day period; provided, however that no postponement or suspension shall be permitted for consecutive 90 day periods arising out of the same set of facts, circumstances or transactions.

Holdback; Postponement. Notwithstanding the other provisions of this Agreement, if at any time after the 30th consecutive trading day the Registration Statement has been maintained effective (a) there is material non-public information regarding the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclose and which the Company is not otherwise required to disclose, or (b) there is a extraordinary business opportunity (including but not limited to the acquisition or disposition of assets (other than in the ordinary course of business) or any merger, consolidation, tender offer or other similar extraordinary transaction not in the ordinary course of business) available to the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclose, then the Company may (upon not less than two trading days prior written notice by same day delivery may, without incurring liability under Section 1.3 of fax or hand delivery) this Agreement, postpone or suspend filing or effectiveness of a registration statement for a period not to exceed 90 thirty (30) days, provided that the Company may not postpone or suspend filing or effectiveness of a registration statement for more than 180 sixty (60) days in the aggregate during any 365-day period and there shall be an aggregate of not more than two (2) suspensions during any 365-day period; provided, however that no postponement or suspension shall be permitted for consecutive 90 thirty (30) day periods arising out of the same set of facts, circumstances or transactions.

Holdback; Postponement. Notwithstanding the other provisions of this Agreement, if (a) there is material non-public information regarding the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclose and which the Company is not otherwise required to disclose, or (b) there is a extraordinary business opportunity (including but not limited to the acquisition or disposition of assets (other than in the ordinary course of business) or any merger, consolidation, tender offer or other similar extraordinary transaction not in the ordinary course of business) available to the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclose, then the Company may (upon not less than two trading days prior written notice by same day delivery of fax or hand delivery) postpone or suspend filing or effectiveness of a registration statement for a period not to exceed 90 forty-five (45) days, provided that the Company may not postpone or suspend filing or effectiveness of a registration statement for more than 180 ninety (90) days in the aggregate during any 365-day period and there shall be an aggregate of not more than two (2) suspensions during any 365-day period; provided, however that no postponement or suspension shall be permitted for consecutive 90 forty-five (45) day periods arising out of the same set of facts, circumstances or transactions.

Holdback; Postponement. Notwithstanding the other provisions of this Agreement, if (a) there is material non-public information regarding the Company which the Company’s Board of Directors reasonably and in good faith determines not to be in the Company’s best interest to disclose and which the Company is not otherwise required to disclose, or (b) there is a extraordinary business opportunity (including but not limited to the acquisition or disposition of assets (other than in the ordinary course of business) or any merger, consolidation, tender offer or other similar extraordinary transaction not in the ordinary course of business) available to the Company which the Company’s Board of Directors reasonably and in good faith determines not to be in the Company’s best interest to disclose, then the Company may (upon not less than two trading days prior written notice by same day delivery of fax or hand delivery) postpone or suspend filing or effectiveness of a registration statement for a period not to exceed 90 sixty (60) days, provided that the Company may not postpone or suspend filing or effectiveness of a registration statement for more than 180 one hundred and twenty (120) days in the aggregate during any 365-day period and there shall be an aggregate of not more than two (2) suspensions during any 365-day period; provided, however that no postponement or suspension shall be permitted for consecutive 90 sixty (60) day periods arising out of the same set of facts, circumstances or transactions.

Holdback; Postponement. Notwithstanding the other provisions of this Agreement, if (a) there is material non-public information regarding the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclose publicly and which the Company is not otherwise required to disclosedisclose publicly, or (b) there is a extraordinary business opportunity (including including, but not limited to to, the acquisition or disposition of assets (other than in the ordinary course of business) or any financing, merger, consolidation, tender offer or other similar extraordinary transaction not in the ordinary course of business) available to the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclosedisclose publicly, then the Company may (upon not less than two trading days prior written notice by same day delivery of fax or hand delivery) postpone or suspend filing or effectiveness of a registration statement for a period not to exceed 90 45 days, provided that PROVIDED THAT the Company may not postpone or suspend filing or effectiveness of a registration statement for more than 180 90 days in the aggregate during any 365-day period and there shall be an aggregate of not more than two (2) suspensions during any 365-day period; providedPROVIDED, however HOWEVER that no postponement or suspension shall be permitted for consecutive 90 45 day periods arising out of the same set of facts, circumstances or transactions.

Holdback; Postponement. Notwithstanding the other provisions of this Agreement, if (a) there is material non-public information regarding the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclose and which the Company is not otherwise required to disclose, or (b) there is a extraordinary business opportunity (including but not limited to the acquisition or disposition of assets (other than in the ordinary course of business) or any merger, consolidation, tender offer or other similar extraordinary transaction not in the ordinary course of business) available to the Company which the Company’s 's Board of Directors reasonably and in good faith determines not to be in the Company’s 's best interest to disclose, then the Company may (upon not less than two trading days prior written notice by same day delivery of fax or hand delivery) postpone or suspend filing or effectiveness of a registration statement for a period not to exceed 90 days, provided that the Company may not postpone or suspend filing or effectiveness of a registration statement for more than 180 days in the aggregate during any 365-day period and there shall be an aggregate of not more than two (2) suspensions during any 365-day period; provided, however that no postponement or suspension shall be permitted for consecutive 90 day periods arising out of the same set of facts, circumstances or transactions.