Common use of Right of Deferral of Registration on Form other than Form S-3 Clause in Contracts

Right of Deferral of Registration on Form other than Form S-3. If the Company shall furnish to all such Holders who joined in the request a certificate signed by the President of the Company stating that, in the good faith judgment of the Board, it would be seriously detrimental to the Company for any Registration to be effected as requested under Section 3.1.1, the Company shall have the right to defer the filing of a Registration Statement with respect to such offering for a period of not more than ninety (90) days from delivery of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12)-month period.

Appears in 4 contracts

Samples: Investor Rights Agreement (Conatus Pharmaceuticals Inc), Investor Rights Agreement (Evoke Pharma Inc), Investor Rights Agreement (Conatus Pharmaceuticals Inc)

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Right of Deferral of Registration on Form other than Form S-3. If the Company shall furnish to all such Holders who joined in the request a certificate signed by the President of the Company stating that, in the good faith judgment of the Board, it would be seriously detrimental to the Company for any Registration to be effected as requested under Section 3.1.13.1(a), the Company shall have the right to defer the filing of a Registration Statement with respect to such offering for a period of not more than ninety sixty (9060) days from delivery of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12)-month period.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Sonendo, Inc.), Investors’ Rights Agreement (Sonendo, Inc.)

Right of Deferral of Registration on Form other than Form S-3. If the Company shall furnish to all such Holders who joined in the request a certificate signed by the President of the Company stating that, in the good faith judgment of the Board, it would be seriously detrimental to the Company for any Registration to be effected as requested under Section 3.1.1, the Company shall have the right to defer the filing of a Registration Statement with respect to such offering for a period of not more than ninety one hundred eighty (90180) days from delivery of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12)-month period.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (GLAUKOS Corp), Investors’ Rights Agreement (GLAUKOS Corp)

Right of Deferral of Registration on Form other than Form S-3. If the Company shall furnish to all such Holders who joined in the request a certificate signed by the President of the Company stating that, in the good faith judgment of the BoardBoard of Directors of the Company, it would be seriously detrimental to the Company for any Registration to be effected as requested under Section 3.1.17.1, the Company shall have the right right, exercisable not more than once in any twelve-month period, to defer the filing of a Registration Statement with respect to such offering for a period of not more than ninety (90) 90 days from delivery of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12)-month period.

Appears in 1 contract

Samples: Rights Agreement (Concur Technologies Inc)

Right of Deferral of Registration on Form other than Form S-3. If the Company shall furnish to all such Holders who joined in the request a certificate signed by the President of the Company stating that, in the good faith judgment of the Board, it would be seriously detrimental to the Company for any Registration to be effected as requested under Section 3.1.1, the Company shall have the right to defer the filing of a Registration Statement with respect to such offering for a period of not more than ninety one hundred twenty (90120) days from delivery of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12)-month period.

Appears in 1 contract

Samples: Investor Rights Agreement (Cadence Pharmaceuticals Inc)

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Right of Deferral of Registration on Form other than Form S-3. If the Company shall furnish to all such Holders who joined in the request for any Registration pursuant to Section 2.1(a) a certificate signed by the President of the Company stating that, in the good faith judgment of the Board, it would be seriously detrimental to the Company for any Registration to be effected as requested under Section 3.1.12.1(a), the Company shall have the right to defer the filing of a Registration Statement with respect to such offering requested Registration for a period of not more than ninety one hundred twenty (90120) days from delivery of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12)-month twelve-month period.

Appears in 1 contract

Samples: Agreement (SCP Private Equity Partners Ii Lp)

Right of Deferral of Registration on Form other than Form S-3. If ------------------------------------------------------------- If the Company shall furnish to all such Holders who joined in the request a certificate signed by the President of the Company stating that, in the good faith judgment of the BoardBoard of Directors of the Company, it would be seriously detrimental to the Company for any Registration to be effected as requested under Section 3.1.16.1, the Company shall have the right right, exercisable one time only, to defer the filing of a Registration Statement with respect to such offering for a period of not more than ninety (90) days from delivery of the request of the Initiating Holders; provided, however, that the Company may not utilize this right more than once in any twelve (12)-month 12-month period.

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Neurocrine Biosciences Inc)

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