Revocation of Demand Registration. A Holder of Registrable Securities to be included in a Registration Statement pursuant to Section 3.1 may, at any time prior to the effective date of the Registration Statement relating to such registration, revoke its request to have Registrable Securities included therein by providing a written notice to the Company. In the event all such Holders of Registrable Securities revoke their request, either (i) the Holders of Registrable Securities who revoke such request shall reimburse the Company for all its out-of-pocket expenses incurred in the preparation, filing and processing of the Registration Statement or (ii) the requested registration that has been revoked will be deemed to have been effected for purposes of Section 3.1; provided, however, that, if such revocation was based on the Company's failure to comply in any material respect with its obligations hereunder, such reimbursement will not be required and the requested registration that has been revoked will not be deemed to have been effected for purposes of Section 3.1.
Revocation of Demand Registration. During the term of this Agreement, the Stockholder may revoke the Demand Registration prior to the effective date of the Demand Registration Statement; provided that such revoked Demand Registration shall count as the Demand Registration for purposes of this Agreement unless the Stockholder has promptly reimbursed the Issuer for all Registration Expenses arising from, in connection with or relating to, such revoked Demand Registration; provided, further, that (i) the Stockholder may revoke the Demand Registration following the filing of the Demand Registration Statement only on one occasion during the term of this Agreement, and (ii) once the “road show” in respect of the Demand Sale pursuant to the Demand Registration has commenced, if the Stockholder revokes the Demand Registration, the Issuer shall not be obligated to resume such “road show” that has commenced or to attend or participate in any other “road show” in respect of the Demand Registration. Upon the revocation of the Demand Registration, the Issuer shall be permitted to withdraw the Demand Registration Statement and shall have no further obligation or other Liability pursuant to this Section 4.2 with respect to such Demand Registration.
Revocation of Demand Registration. Holders of at least a majority of the Registrable Securities to be included in a Registration Statement pursuant to Section 2.1 may, at any time prior to the effective date of the Registration Statement relating to such registration, revoke their request to have Registrable Securities included therein by providing a written notice to the Company. In the event such Holders of Registrable Securities revoke such request, either (a) the Holders of Registrable Securities who revoke such request shall reimburse the Company for all of its out-of-pocket expenses incurred in the preparation, filing and processing of the Registration Statement or (b) the requested registration that has been revoked will be deemed to have been effected for purposes of Section 2.1.
Revocation of Demand Registration. 7 3.5 Continuous Effectiveness of Registration Statement.............................................8
Revocation of Demand Registration. (a) (i) DBSI, if a registration is requested pursuant to Section 4.1(a)(x), (ii) SP, if a registration is requested pursuant to Section 4.1(a)(y), or (iii) the Holders of at least a majority of the Registrable Securities to be included in a Registration Statement pursuant to Section 4.1, if a registration is requested pursuant to Section 4.1(a)(y), may, at any time prior to the Effective Date of the Registration Statement relating to such registration, revoke their request to have Registrable Securities included therein by providing a written notice to the Company and, if the Company receives such written notice, subject to Section 4.5(b), it shall not cause such Registration Statement to become effective under the Securities Act.
(b) Notwithstanding Section 4.5(a) above, in the event DBSI, SP or such Holders of Registrable Securities (excluding DBSI or SP, as the case may be) revoke their request pursuant to Section 4.5(a), at the election of DBSI, SP or such Holders, as the case may be, either (a) the Holders of Registrable Securities who revoke such request shall reimburse the Company for all of its out-of-pocket expenses incurred in the preparation, filing and processing of the Registration Statement or (b) the requested registration that has been revoked shall be deemed to have been effected for purposes of Section 4.1.
Revocation of Demand Registration. (a) The Trust, if a registration is requested pursuant to Section 4.1(a), may, at any time prior to the Effective Date of the Registration Statement relating to such registration, revoke its request to have Registrable Securities included therein by providing a written notice to the Company and, if the Company receives such written notice, subject to Section 4.5(b), it shall not cause such Registration Statement to become effective under the Securities Act.
(b) In the event of any such revocation pursuant to Section 4.5(a), any Holder or Holders with at least $75 million in Registrable Securities may (if participating in such registration) request the Company to continue with such registration and if such Holders provide such request the Company shall do so (including using its reasonable best efforts to cause such registration to become effective and maintain its effectiveness for the Required Period). In the event the Trust revokes such request pursuant to Section 4.5(a) and Holders with at least $75 million in Registrable Securities do not request the Company pursuant to Section 4.5(b) or 4.7 of the Investor Registration Agreement to continue such registration, at the election of the Trust, either (a) the Trust shall reimburse the Company for all of its out-of-pocket expenses incurred in the preparation, filing and processing of the Registration Statement or (b) the requested registration that has been revoked shall be deemed to have been effected for purposes of Section 4.1.
(c) In the event any Holder or Holders with at least $75 million in Registrable Securities do request the Company to continue such registration pursuant to Section 4.5(b) or 4.7 of the Investor Registration Agreement, such registration shall not be a Demand Registration under Section 4.1 and shall not effect calculations under Section 4.1(a)(i).
Revocation of Demand Registration. A Holder of Registrable Securities to be included in a Registration Statement pursuant to Section 3.1 may, at any time prior to the effective date of the Registration Statement relating to such registration, revoke its request to have Registrable Securities included therein by providing a written notice to the Company. In the event the number of Holders of Registrable Securities revoking their request causes the amount of Registrable Securities participating in such request to fall below the requirement set forth in Section 3.2(iv), the Holders of Registrable Securities who revoke such request shall reimburse the Company for all its out-of-pocket fees and expenses (including counsel fees and expenses) incurred in the preparation, filing and processing of the Registration Statement and the Company shall have no obligation to proceed with the applicable Demand Registration; provided, however, that, if such revocation was based on the Company's failure to comply in any material respect with its obligations hereunder, such reimbursement shall not be required and the requested registration that has been revoked shall not be deemed to have been effected for purposes of Section 3.1.
Revocation of Demand Registration. 10 3.7 Continuous Effectiveness of Registration Statement................................................. 10 3.8 Selection of Underwriters in an Underwritten Demand Registration................................... 11
Revocation of Demand Registration. The Holders of at least a majority --------------------------------- of the Registrable Securities to be included in a Registration Statement pursuant to Section 2.1 may, at any time prior to the effective date of the Registration Statement relating to such registration, revoke their request to have their Registrable Securities included therein by providing a written notice to the Company. In the event of such a revocation, either (a) the Holders of Registrable Securities who revoke their request must reimburse the Company for the Company's out-of-pocket expenses incurred in the preparation, filing and processing of the Registration Statement or (b) the requested registration that has been revoked will be deemed to have been effected for purposes of Section 2.1; provided, however, if such revocation was based on (i) the Company's failure to comply in any material respect with its obligations hereunder, (ii) the closing of an Underwritten Offering is not consummated as a result of the Company's material breach of its obligations under the related underwriting agreement, (iii) the fact that the Holders have learned of a material adverse change in the condition, business or prospects of the Company from that known to the Holders at the time of the request for registration or (iv) the Company's election to defer such registration pursuant to Section 2.4, such reimbursement will not be required and the requested registration that has been revoked will not be deemed to have been effected for purposes of Section 2.1.
Revocation of Demand Registration. (a) (i) JPM, if a registration is requested pursuant to Section 4.1(a)(x) or (ii) Holders of at least a majority of the Registrable Securities to be included in a Registration Statement pursuant to Section 4.1, if a registration is requested pursuant to Section 4.1(a)(y), may, at any time prior to the Effective Date of the Registration Statement relating to such registration, revoke their request to have Registrable Securities included therein by providing a written notice to the Company and, if the Company receives such written notice, subject to Section 4.5(b), it shall not cause such Registration Statement to become effective under the Securities Act.
(b) In the event of any such revocation pursuant to Section 4.5(a), the Trust may (if it is participating in such registration) request the Company to continue with such registration and if the Trust provides such request the Company shall do so (including using its reasonable best efforts to cause such registration to become effective and maintain its effectiveness for the Required Period). In the event JPM or such Holders of Registrable Securities (excluding JPM) revoke their request pursuant to Section 4.5(a) and the Trust does not request the Company to continue such registration pursuant to Section 4.5(b) or 4.7 of the Trust Registration Agreement, at the election of JPM or such Holders, as the case may be, either (a) the Holders of Registrable Securities who revoke such request shall reimburse the Company for all of its out-of-pocket expenses incurred in the preparation, filing and processing of the Registration Statement or (b) the requested registration that has been revoked shall be deemed to have been effected for purposes of Section 4.1.
(c) In the event the Trust does request the Company to continue such registration pursuant to Section 4.5(b) or 4.7 of the Trust Registration Agreement, such registration shall not be a Demand Registration under Section 4.1 and shall not effect calculations under Section 4.1(a)(i) or Section 4.1(a)(ii).
