Preservation of Demand Registration. A registration undertaken by the Company at the request of the Requesting Holder will not count as a Demand Registration: (i) if, pursuant to the Vestar Demand Right or the Employee Demand Right, the Requesting Holders fail to register and sell at least 85% of the Registrable Securities requested to be included in such registration by them; or (ii) if the Requesting Holders withdraw a Registration Request (A) upon the determination of the Board to postpone the filing or effectiveness of a Registration Statement pursuant to Section 5.1(d) or (B) within ten days of receiving notice from the Company of its intent to exercise its Priority Right in connection with such registration.
Appears in 2 contracts
Samples: Securityholders Agreement (Radiation Therapy Services Holdings, Inc.), Securityholders Agreement (Vestar Capital Partners v L P)
Preservation of Demand Registration. A registration undertaken by the Company at the request of the Requesting Holder will not count as a Demand Registration:
(i) if, pursuant to the Vestar Demand Right or the Employee Demand Right, the Requesting Holders fail to register and sell at least 8575% of the Registrable Securities requested to be included in such registration by them; or
(ii) if the Requesting Holders withdraw a Registration Request (A) upon the determination of the Board management committee or, as the case may be, the board of directors of the Company to postpone the filing or effectiveness of a Registration Statement pursuant to Section 5.1(d) or (B) within ten (10) days of receiving notice from the Company of its intent to exercise its Priority Right in connection with such registration.
Appears in 2 contracts
Samples: Securityholders Agreement (PGA Holdings, Inc.), Securityholders Agreement (PGA Holdings, Inc.)
Preservation of Demand Registration. A registration undertaken by the Company Holdings at the request of the Requesting Holder will not count as a Demand Registration:
(i) if, pursuant to the Vestar Demand Right, the Preferred Demand Right or the Employee Demand Right, the Requesting Holders fail to register and sell at least 85% of the Registrable Securities requested to be included in such registration by them; or
(ii) if the Requesting Holders withdraw a Registration Request (A) upon the determination of the Board to postpone the filing or effectiveness of a Registration Statement pursuant to Section 5.1(d) or (B) within ten days of receiving notice from the Company of its intent to exercise its Priority Right in connection with such registration.
Appears in 2 contracts
Samples: Securityholders Agreement (21st Century Oncology Holdings, Inc.), Securityholders Agreement (21st Century Oncology Holdings, Inc.)
Preservation of Demand Registration. A registration undertaken by the Company at the request of the Requesting Holder will not count as a Demand Registration:
(iA) if, pursuant to the Vestar Demand Right or the Employee Demand RightRegistration Rights, the Requesting Holders fail to register and sell at least 85% of the Registrable Securities requested to be included in such registration by them; or
(iiB) if the Requesting Holders withdraw a Registration Request (A) upon the determination of the Board to postpone the filing or effectiveness of a Registration Statement pursuant to Section 5.1(d3(a)(iv) or (B) within ten days of receiving notice from the Company of its intent to exercise its Priority Right in connection with such registration.
Appears in 1 contract
Samples: Stockholders Agreement (21st Century Oncology Holdings, Inc.)