Common use of Required Delays Clause in Contracts

Required Delays. Notwithstanding anything contained in this Section 2.1 to the contrary, if any request for Demand Registration is delivered at a time when (i) the Company has determined or is currently planning (and its Board of Directors has approved such determination or plan) to file a Registration Statement with respect to an underwritten primary registration of Common Stock on behalf of the Company (so long as a Registration Statement is filed with respect thereto within two months of the Holder’s or Holders’ request for Demand Registration), the Company may require the Holder or Holders to postpone such request until the expiration of the 90-day period following the effective date of such registration, or (ii) in the opinion of a majority of the Company’s Board such registration would adversely affect a material acquisition or merger to which the Company is a party, or otherwise materially and adversely affect the Company or the market for the Company’s Common Stock (it being understood that the ordinary effect of a Demand Registration on the market for securities does not meet the foregoing standard) (a “Material Event Postponement”), the Company — with the prior authorization of the Board of Directors — may require the Holder to postpone such request for an appropriate period (not to exceed 90 consecutive days (with a 30 day break between any two consecutive periods) or 180 days in any 12 month period). In the event of a Material Event Postponement and the aforementioned prior Board authorization, the Company shall deliver a certificate signed by the President or the Chairman confirming the Company’s reasons for postponing the registration and will effect such registration as promptly as possible after removal of such reasons.

Required Delays. Notwithstanding anything contained in this Section 2.1 to the contrary, if any request for Demand Registration is delivered at a time when (i) the Company has determined or is currently planning (and its the Board of Directors has approved such determination or plan) to file a Registration Statement registration statement under the Securities Act with respect to an underwritten primary registration offering of Common Stock on behalf of by the Company (so long as a Registration Statement registration statement under the Securities Act is filed with respect thereto within two months sixty (60) days of the HolderFSEP VI’s or Holders’ request for a Demand Registration), the Company may require the Holder or Holders FSEP VI to postpone such request until the expiration of the 90-day period following the effective date of such registrationregistration statement, or (ii) in if the opinion of a majority of the Company’s Board determines that such registration would adversely affect a material acquisition or merger transaction to which the Company is or is proposed to be a party, or otherwise materially and adversely affect the Company or the public market for the Company’s Common Stock (it being understood that the ordinary effect of a Demand Registration on the market for securities does not meet the foregoing standard) (a “Material Event Postponement”), the Company — Company, with the prior authorization of the Board of Directors — Board, may require the Holder requesting holders to postpone such request for an appropriate period (provided, that all such postponements shall not to collectively exceed 90 consecutive days ninety (with a 30 day break between any two consecutive periods90) or 180 days in any 12 twelve (12) month period). In the event of a Material Event Postponement and the aforementioned prior Board authorizationPostponement, the Company shall deliver a certificate signed by the its Chief Executive Officer, President or Chairman of the Chairman confirming Board certifying the Company’s reasons for postponing the registration and will shall effect such registration as promptly as possible after removal practicable thereafter (subject in each instance to the limitation on the aggregate duration of such reasonspostponements provided in the preceding sentence).

Required Delays. Notwithstanding anything contained in this --------------- Section 2.1 to the contrary, if any request for Demand Registration is delivered at a time when (i) the Company has determined or is currently planning (and has discussed with its Board of Directors has approved such determination or its plan) to file a Registration Statement with respect to an underwritten primary registration of Common Stock securities on behalf of the Company (so long as a Registration Statement is filed with respect thereto within two months of the Holder’s 's or Holders’ ' request for Demand Registration), the Company may require the Holder or Holders to postpone such request until the expiration of the 90-day period following the effective date of such registration, or (ii) in the opinion of a majority of the members of the Company’s 's Board such registration would adversely affect a material acquisition or merger to which the Company is a party, or otherwise materially and adversely affect the Company or the market for the Company’s 's Common Stock (it being understood that the ordinary effect of a Demand Registration on the market for securities does not meet the foregoing standard) (a “"Material Event Postponement”"), the Company — with the prior authorization of the Board of Directors — may require the Holder to postpone such request for an appropriate period (not to exceed 90 consecutive days (with a 30 30-day break between any two consecutive periods) or 180 days in any 12 12-month period). In the event of a Material Event Postponement and the aforementioned prior Board authorizationPostponement, the Company shall deliver a certificate signed by the President or the Chairman confirming the Company’s 's reasons for postponing the registration and will effect such registration as promptly as possible after removal of such reasons.

Required Delays. Notwithstanding anything contained in this Section 2.1 to the contrary, if any request for Demand Registration is delivered at a time when (i) the Company has determined or is currently planning (and its Board of Directors has approved such determination or plan) to file a Registration Statement registration statement with respect to an underwritten primary registration of Common Stock on behalf of the Company (so long as a Registration Statement registration statement is filed with respect thereto within two months of the Holder’s or Holders’ request for Demand Registration), the Company may require the Holder or Holders to postpone such request until the expiration of the 90-day period following the effective date of such registration, or (ii) in the opinion of a majority of the Company’s Board such registration would adversely affect a material acquisition or merger to which the Company is a party, or otherwise materially and adversely affect the Company or the market for the Company’s Common Stock (it being understood that the ordinary effect of a Demand Registration on the market for securities does not meet the foregoing standard) (a “Material Event Postponement”), the Company — Company, with the prior authorization of the Board of Directors — Directors, may require the Holder to postpone such request for an appropriate period (not to exceed 90 consecutive days (with a 30 30-day break between any two consecutive periods) or 180 days in any 12 12-month period). In the event of a Material Event Postponement and the aforementioned prior Board authorization, the Company shall deliver a certificate signed by the President or the Chairman confirming the Company’s reasons for postponing the registration and will effect such registration as promptly as possible after removal of such reasons.

Required Delays. Notwithstanding anything contained in this --------------- Section 2.1 to the contrary, if any request for Demand Registration is delivered at a time when (i) the Company has determined or is currently planning (and has discussed with its Board of Directors has approved such determination or its plan) to file a Registration Statement with respect to an underwritten primary registration of Common Stock on behalf of the Company (so long as a Registration Statement is filed with respect thereto within two months of the Holder’s 's or Holders’ ' request for Demand Registration), the Company may require the Holder or Holders to postpone such request until the expiration of the 90-day period following the effective date of such registration, or (ii) in the opinion of a majority of the Company’s 's Board such registration would adversely affect a material acquisition or merger to which the Company is a party, or otherwise materially and adversely affect the Company or the market for the Company’s 's Common Stock (it being understood that the ordinary effect of a Demand Registration on the market for securities does not meet the foregoing standard) (a “"Material Event Postponement”"), the Company — with the prior authorization of the Board of Directors — may require the Holder to postpone such request for an appropriate period (not to exceed 90 consecutive days (with a 30 30-day break between any two consecutive periods) or 180 days in any 12 12-month period). In the event of a Material Event Postponement and the aforementioned prior Board authorizationPostponement, the Company shall deliver a certificate signed by the President or the Chairman confirming the Company’s 's reasons for postponing the registration and will effect such registration as promptly as possible after removal of such reasons.