Common use of Postponement Clause in Contracts

Postponement. The Company shall be entitled once in any six-month period to postpone for a reasonable period of time (but not exceeding 90 days) the filing of any registration statement required to be prepared and filed by it pursuant to this Section 3.1 if the Board of Directors of the Company determines, in its reasonable judgment, that such registration and offering would interfere with any financing, corporate reorganization or other material transaction or development involving the Company or any subsidiary or would require premature disclosure thereof, and promptly gives the holders of Registrable Securities requesting registration thereof pursuant to this Section 3.1 written notice of such determination, containing a statement of the reasons for such postponement and an approximation of the anticipated delay. If the Company shall so postpone the filing of a registration statement, the Participating Holders representing the Requisite Percentage of Participating Holders shall have the right to withdraw the request for registration by giving written notice to the Company within 20 days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted toward the number of Requested Registrations (including for purposes of paragraph (c) of this Section 3.1).

Appears in 4 contracts

Samples: Registration Rights Agreement (Bio Plexus Inc), Registration Rights Agreement (Appaloosa Management Lp), Registration Rights Agreement (Appaloosa Management Lp)

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Postponement. The Company shall be entitled once in any six-month period to postpone for a reasonable period of time (but not exceeding 90 days) the filing of any registration statement required to be prepared and filed by it pursuant to this Section 3.1 if the Board of Directors of the Company determines, in its reasonable judgment, that such registration and offering would interfere with any financing, corporate reorganization or other material transaction or development involving the Company or any subsidiary or would require premature disclosure thereof, and promptly gives the holders of Registrable Securities requesting registration thereof pursuant to this Section 3.1 written notice of such determination, containing a statement of the reasons for such postponement and an approximation of the anticipated delay. If the Company shall so postpone the filing of a registration statement, the Participating Holders representing the Requisite Percentage of Participating Holders shall have the right to withdraw the request for registration by giving written notice to the Company within 20 days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted toward the number of Requested Registrations (including for purposes of paragraph (c) of this Section 3.1).

Appears in 3 contracts

Samples: Registration Rights Agreement (Unimark Group Inc), Registration Rights Agreement (Appaloosa Management Lp), Registration Rights Agreement (Mexico Strategic Advisors LLC)

Postponement. The Company shall be entitled once in any sixtwelve-month period to postpone for a reasonable period of time (but not exceeding 90 120 days) (the “Postponement Period”) the filing of any registration statement required to be prepared and filed by it pursuant to this Section 3.1 if the Board of Directors of the Company determines, in its reasonable judgment, as authorized by a resolution of its Board of Directors, that such registration and offering would materially interfere with any material financing, equity offering, corporate reorganization or other material transaction or development involving the Company or any subsidiary subsidiary, or would require premature disclosure thereof, and promptly gives the holders of Registrable Securities requesting registration thereof pursuant to this Section 3.1 Participating Holders written notice of such determination, containing a general statement of the reasons for such postponement and an approximation of the anticipated delay. If the Company shall so postpone the filing of a registration statement, the Participating Holders representing the Requisite Percentage of Majority Participating Holders shall have the right to withdraw the request for registration by giving written notice to the Company within 20 ten business days after receipt following the giving of notice by the notice Company of postponement its determination to postpone and, in the event of such withdrawal, such request shall not be counted toward the number of Requested Registrations (including for purposes of paragraph (c) of the requests for registration to which the Holders are entitled pursuant to this Section 3.1).

Appears in 2 contracts

Samples: Registration Rights Agreement (Telewest Global Inc), Registration Rights Agreement (Telewest Global Inc)

Postponement. The Company shall be entitled once in any sixtwelve-month period to postpone for a reasonable period of time (but not exceeding 90 120 days) (the "Postponement Period") the filing of any registration statement required to be prepared and filed by it pursuant to this Section 3.1 if the Board of Directors of the Company determines, in its reasonable judgment, as authorized by a resolution of its Board of Directors, that such registration and offering would materially interfere with any material financing, equity offering, corporate reorganization or other material transaction or development involving the Company or any subsidiary subsidiary, or would require premature disclosure thereof, and promptly gives the holders of Registrable Securities requesting registration thereof pursuant to this Section 3.1 Participating Holders written notice of such determination, containing a general statement of the reasons for such postponement and an approximation of the anticipated delay. If the Company shall so postpone the filing of a registration statement, the Participating Holders representing the Requisite Percentage of Majority Participating Holders shall have the right to withdraw the request for registration by giving written notice to the Company within 20 ten business days after receipt following the giving of notice by the notice Company of postponement its determination to postpone and, in the event of such withdrawal, such request shall not be counted toward the number of Requested Registrations (including for purposes of paragraph (c) of the requests for registration to which the Holders are entitled pursuant to this Section 3.1).

Appears in 1 contract

Samples: Registration Rights Agreement (Telewest Global Inc)

Postponement. The Company shall be entitled once in any six-six- month period to postpone for a reasonable period of time (but not exceeding 90 days) the filing of any registration statement required to be prepared and filed by it pursuant to this Section 3.1 if the Board of Directors of the Company determines, in its reasonable judgment, that such registration and offering would interfere with any financing, corporate reorganization or other material transaction or development involving the Company or any subsidiary or would require premature disclosure thereof, and promptly gives the holders of Registrable Securities requesting registration thereof pursuant to this Section 3.1 written notice of such determination, containing a statement of the reasons for such postponement and an approximation of the anticipated delay. If the Company shall so postpone the filing of a registration statement, the Participating Holders representing the Requisite Percentage of Participating Holders shall have the right to withdraw the request for registration by giving written notice to the Company within 20 days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted toward the number of Requested Registrations (including for purposes of paragraph (c) of this Section 3.1).

Appears in 1 contract

Samples: Registration Rights Agreement (Inamed Corp)

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Postponement. The Company shall be entitled once in any six-month period to postpone for a reasonable period of time (but not exceeding 90 days) the filing of any registration statement required to be prepared and filed by it pursuant to this Section 3.1 if the Board of Directors of the Company determines, in its reasonable judgment, that such registration and offering would interfere with any financing, corporate reorganization or other material transaction or development involving the Company or any subsidiary or would require premature disclosure thereof, and promptly gives the holders of Registrable Securities requesting registration thereof pursuant to this Section 3.1 written notice of such determination, containing a statement of the reasons for such postponement and an approximation of the anticipated delay. If the Company shall so postpone the filing of a registration statement, the Trustee, on behalf of, and upon notice from, the Participating Holders representing the Requisite Percentage of Participating Holders Holders, shall have the right to withdraw the request for registration by giving written notice to the Company within 20 days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted toward the number of Requested Registrations (including for purposes of paragraph (c) of this Section 3.1).

Appears in 1 contract

Samples: Registration Rights Agreement (Appaloosa Management Lp)

Postponement. The Company shall be entitled once in any six-month period to postpone for a reasonable period of time (but not exceeding 90 days) the filing of any registration statement required to be prepared and filed by it pursuant to this Section 3.1 if the Board of Directors of the Company determines, in its reasonable judgment, that such registration and offering would interfere with any financing, corporate reorganization or other material transaction or development involving the Company or any subsidiary or would require premature disclosure thereof, and promptly gives the holders of Registrable Securities requesting registration thereof pursuant to this Section 3.1 written notice of such determination, containing a statement of the reasons for such postponement and an approximation of the anticipated delay. If the Company shall so postpone the filing of a registration statement, the Participating Holders representing the Requisite Percentage of Participating Holders shall have the right to withdraw the request for registration by giving written notice to the Company within 20 days after receipt of the notice of postponement and, in the event of such withdrawal, such request shall not be counted toward the number of Requested Registrations (including for purposes of paragraph (c) of this Section 3.1).of

Appears in 1 contract

Samples: Registration Rights Agreement (Bio Plexus Inc)

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