Common use of Number of Registrations Clause in Contracts

Number of Registrations. The holders of Duke Registrable Securities will be entitled to request an aggregate of two Duke Demand Registrations. For purposes of this Section 4(b), a registration initiated as a Duke Demand Registration will not constitute a Duke Demand Registration (i) unless such registration is declared effective by the SEC and remains effective for the period set forth in Section 7(a)(iii); provided, however, that a registration which does not become effective after the Corporation has filed a registration statement in accordance with the provisions hereof by reason of the refusal to proceed of the initiating holders or such of the initiating holders as would result in the inclusion of less than 3% of the then outstanding Common Stock (other than any refusal to proceed (x) based upon the advice of their counsel that the registration statement, or the prospectus contained therein, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances then existing, or that such registration statement or such prospectus, or the distribution contemplated thereby, otherwise violates or would, if such distribution using such prospectus took place, violate any applicable state or federal securities law or (y) following a material breach by the Corporation of its obligations hereunder, but only if such breach has materially and adversely affected the initiating holder's ability to consummate the proposed offering) shall be deemed to have been effected; (ii) if after such registration has been declared effective by the SEC it is subject to any stop order, injunction or other adverse order or action of the SEC or other governmental authority which is not removed within 15 days; or (iii) if such registration is withdrawn as a result of the withdrawal of the demand pursuant to Section 4(g) hereof prior to the filing by the Corporation of a registration statement with the SEC.

Number of Registrations. The holders of Duke Xxxxxxxx Registrable Securities will be entitled to request an aggregate of two Duke Xxxxxxxx Demand Registrations. For purposes of this Section 4(b3(b), a registration initiated as a Duke Xxxxxxxx Demand Registration will not constitute a Duke Xxxxxxxx Demand Registration (i) unless such registration is declared effective by the SEC and remains effective for the period set forth in Section 7(a)(iii); provided, however, that a registration which does not become effective after the Corporation has filed a registration statement in accordance with the provisions hereof by reason of the refusal to proceed of the initiating holders or such of the initiating holders as would result in the inclusion of less than 3% of the then outstanding Common Stock (other than any refusal to proceed (x) based upon the advice of their counsel that the registration statement, or the prospectus contained therein, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances then existing, or that such registration statement or such prospectus, or the distribution contemplated thereby, otherwise violates or would, if such distribution using such prospectus took place, violate any applicable state or federal securities law or (y) following a material breach by the Corporation of its obligations hereunder, but only if such breach has materially and adversely affected the initiating holder's ability to consummate the proposed offering or the pricing of such offering) shall be deemed to have been effected; (ii) if after such registration has been declared effective by the SEC it is subject to any stop order, injunction or other adverse order or action of the SEC or other governmental authority which is not removed within 15 days; or (iii) if such registration is withdrawn as a result of the withdrawal of the demand pursuant to Section 4(g3(g) hereof prior to the filing by the Corporation of a registration statement with the SEC.

Number of Registrations. The holders of Duke Registrable Philxxxx Xxxistrable Securities will be entitled to request an aggregate of two Duke Demand Philxxxx Xxxand Registrations. For purposes of this Section 4(b3(b), a registration initiated as a Duke Demand Philxxxx Xxxand Registration will not constitute a Duke Demand Philxxxx Xxxand Registration (i) unless such registration is declared effective by the SEC and remains effective for the period set forth in Section 7(a)(iii); provided, however, that a registration which does not become effective after the Corporation has filed a registration statement in accordance with the provisions hereof by reason of the refusal to proceed of the initiating holders or such of the initiating holders as would result in the inclusion of less than 3% of the then outstanding Common Stock (other than any refusal to proceed (x) based upon the advice of their counsel that the registration statement, or the prospectus contained therein, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances then existing, or that such registration statement or such prospectus, or the distribution contemplated thereby, otherwise violates or would, if such distribution using such prospectus took place, violate any applicable state or federal securities law or (y) following a material breach by the Corporation of its obligations hereunder, but only if such breach has materially and adversely affected the initiating holder's ability to consummate the proposed offering or the pricing of such offering) shall be deemed to have been effected; (ii) if after such registration has been declared effective by the SEC it is subject to any stop order, injunction or other adverse order or action of the SEC or other governmental authority which is not removed within 15 days; or (iii) if such registration is withdrawn as a result of the withdrawal of the demand pursuant to Section 4(g3(g) hereof prior to the filing by the Corporation of a registration statement with the SEC.