Restrictions on the Company and Others. The Company agrees (A) not to effect any public or private sale or distribution (including, without limitation, a sale pursuant to Regulation D under the Securities Act) of any securities the same as or similar to those covered by a Shelf Registration Statement or any securities convertible into or exchangeable or exercisable for such securities, during the 10 days prior to, and during the 60-day period beginning on, the commencement of an underwritten public distribution of Registrable Securities, where the managing underwriter or underwriters so requests pursuant to timely written notice; (B) to include in any agreements entered into by the Company on or after the date of this Agreement (other than any underwriting agreement relating to a public offering registered under the Securities Act) pursuant to which the Company issues or agrees to issue securities the same as or similar to the Notes a provision substantially identical to Section 3(d)(i); and (C) not to grant or agree to grant any "piggy-back registration" or other similar rights to any holder of the Company's or any of its subsidiaries' securities issued on or after the date of this Agreement with respect to any Registration Statement.
Restrictions on the Company and Others. The Company agrees (A) not to effect any public or private sale or distribution (including, without limitation, a sale pursuant to Regulation D under the Securities Act) of any securities the same as or similar to those covered by a Shelf Registration filed pursuant to Section 3 hereof, or any securities convertible into or exchangeable or exercisable for such securities, during the 10 days prior to, and during the 60-day period beginning on, the commencement of an underwritten public distribution of Registrable Notes, where the managing underwriter or underwriters so requests; (B) to include in any agreements entered into by the Company on or after the date of this Agreement (other than any underwriting agreement relating to a public offering registered under the Securities Act) pursuant to which the Company issues or agrees to issue securities the same as or similar to the Notes a provision that each holder of such securities that are the same as or similar to Notes issued at any time on or after the date of this Agreement agrees not to effect any public or private sale or distribution, or request or demand the registration, of any such securities (or any securities convertible into or exchangeable or exercisable for such securities) during the period referred to in clause (A) of this Section [Notes Registration Rights Agreement] 3(d)(ii), including any sale pursuant to Rule 144 or Rule 144A; and (C) not to grant or agree to grant any "piggy back registration" or other similar rights to any holder of the Company's or any of its subsidiaries' securities issued on or after the date of this Agreement with respect to any Registration Statement.
Restrictions on the Company and Others. The Company agrees (A) not to effect any public sale or distribution of any securities the same as or similar to those covered by a Shelf Registration filed pursuant to Section 3 hereof, or any securities convertible into or exchangeable or exercisable for such securities, during the 10 days prior to, and during the 90-day period beginning on, the commencement of an underwritten public distribution of Registrable Notes, where the managing underwriter or underwriters so requests; and (B) to include in any agreements entered into by the Company on or after the date of this Agreement (other than any underwriting agreement relating to a public offering registered under the Securities Act) pursuant to which the Company issues or agrees to issue securities the same as or similar to the Notes a provision that each holder of such securities that are the same as or similar to Notes issued at any time on or after the date of this Agreement agrees not to effect any public sale or distribution, or request or demand the registration, of any such securities (or any securities convertible into or exchangeable or exercisable for such securities) during the period referred to in clause (A) of this Section 3(d)(ii), including any sale pursuant to Rule 144 or Rule 144A.
