Common use of Preservation of Demand Registration Clause in Contracts

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, the Marathon Demand Right or the Xxxxxxx Family Demand Right the Requesting Holders fail to register and sell at least 75% of the Registrable Securities requested to be included in such registration by them, unless such failure results from any act of, or failure to act by, any of the Requesting Holders (provided that if the Requesting Holders withdraw their Registration Request prior to the time the registration statement therefor is declared effective and promptly reimburse the Company for all Registration Expenses incurred by the Company in connection with effecting such registration, such Registration Request shall not count as a Demand Registration); or (ii) if the Requesting Holders withdraw a Registration Request (A) upon the determination of the management committee or, as the case may be, 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 10 days of receiving notice from the Company of its intent to exercise its Priority Right in connection with such registration.

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, the Marathon Demand Right or the Xxxxxxx Family Demand Right the Requesting Holders fail to register and sell at least 75% of the Registrable Securities requested to be included in such registration by them, unless such failure results from any act of, or failure to act by, any of the Requesting Holders (provided that if the -------- Requesting Holders withdraw their Registration Request prior to the time the registration statement therefor is declared effective and promptly reimburse the Company for all Registration Expenses incurred by the Company in connection with effecting such registration, such Registration Request shall not count as a Demand Registration); or (ii) if the Requesting Holders withdraw a Registration Request (A) upon the determination of the management committee or, as the case may be, 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 10 days of receiving notice from -------------- the Company of its intent to exercise its Priority Right in connection with such registration.

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, the Marathon Demand Right or the Xxxxxxx Family Demand Right the Requesting Holders fail to register and sell at least 75% of the Registrable Securities requested to be included in such registration by them, unless such failure results from any act of, or failure to act by, any of the Requesting Holders (provided PROVIDED that if the Requesting Holders withdraw their Registration Request prior to the time the registration statement therefor is declared effective and promptly reimburse the Company for all Registration Expenses incurred by the Company in connection with effecting such registration, such Registration Request shall not count as a Demand Registration); or (ii) if the Requesting Holders withdraw a Registration Request (A) upon the determination of the management committee or, as the case may be, board of directors of the Company to postpone the filing or effectiveness of a Registration Statement pursuant to Section SECTION 5.1(d) or (B) within 10 days of receiving notice from the Company of its intent to exercise its Priority Right in connection with such registration.