Common use of Right to Effect a Shelf Takedown Clause in Contracts

Right to Effect a Shelf Takedown. Holders holding Registerable Securities registered pursuant to a Shelf Registration shall be entitled, at any time and from time to time when the Shelf Registration is effective, to sell such Registerable Securities as are then registered pursuant to such Shelf Registration (each, a “Shelf Takedown”), but only upon not less than three days’ prior written notice to the Company (whether or not such takedown is underwritten). No prior notice shall be required of any sale pursuant to a plan that complies with Rule 10b5-1 under the Exchange Act, provided that the Company has received a written copy of such plan in advance of the first sale thereunder. Holders holding Registerable Securities registered pursuant to a Shelf Registration shall each be entitled to request that a Shelf Takedown be an Underwritten Offering if. based on the then-current market prices. the number of Registerable Securities included in such Underwritten Offering would yield gross proceeds to all Participating Holders of at least $75 million. Holders participating in the Shelf Takedown shall not be entitled to request that a Shelf Takedown be part of an Underwritten Offering within 90 days after the pricing date of any other Underwritten Offering effected pursuant to a Demand Request or Section 3(a}. Holder(s) shall give the Company prompt written notice of the consummation of a Shelf Takedown, whether or not part of an Underwritten Offering.

Right to Effect a Shelf Takedown. Holders holding Registerable Securities registered pursuant to a Shelf Registration shall be entitled, at any time and from time to time when the Shelf Registration is effective, to sell such Registerable Securities as are then registered pursuant to such Shelf Registration (each, a “Shelf Takedown”), but only upon not less than three days’ prior written notice to the Company (whether or not such takedown is underwritten). No prior notice shall be required of any sale pursuant to a plan that complies with Rule 10b5-1 under the Exchange Act, provided that the Company has received a written copy of such plan in advance of the first sale thereunder. Holders holding Registerable Securities registered pursuant to a Shelf Registration shall each be entitled to request that a Shelf Takedown be an Underwritten Offering if. , based on the then-current market prices. , the number of Registerable Securities included in such Underwritten Offering would yield gross proceeds to all Participating Holders of at least $75 1 million. Holders participating in the Shelf Takedown shall not be entitled to request that a Shelf Takedown be part of an Underwritten Offering within 90 30 days after the pricing date of any other Underwritten Offering effected pursuant to a Demand Request or Section 3(a}). Holder(s) Each Holder shall give the Company prompt written notice of the consummation of a Shelf Takedown, whether or not part of an Underwritten Offering.

Right to Effect a Shelf Takedown. Holders holding Registerable Registrable Securities registered pursuant to a Shelf Registration shall be entitled, at any time and from time to time when the Shelf Registration is effective, to sell any of such Registerable Registrable Securities as are then registered pursuant to such Shelf Registration (each, a “Holder Shelf Takedown”), but only upon not less than three days’ two Business Days' prior written notice to the Company (whether or not such takedown is underwritten). No prior notice shall be required of any sale pursuant to a plan that complies with Rule 10b5-1 under the Exchange Act, provided that the Company Company's board of directors has received approved a written copy of such plan in advance of the first sale thereunder. Holders holding Registerable Registrable Securities registered pursuant to a Shelf Registration shall each be entitled to request that a Holder Shelf Takedown be an Underwritten Offering if. , based on the then-current market prices. , the number of Registerable Registrable Securities included in such Underwritten Offering would reasonably be expected to yield gross proceeds to all Participating Holders of at least $75 25 million. Holders participating in the Holder Shelf Takedown shall not be entitled to request that a Holder Shelf Takedown be part of an Underwritten Offering within 90 45 days after the pricing date of any other Underwritten Offering effected pursuant to a Demand Request or Section 3(a}). Holder(s) Holders shall give the Company prompt written notice of the consummation of a Holder Shelf Takedown, whether or not part of an Underwritten Offering.

Right to Effect a Shelf Takedown. Holders holding Registerable Securities registered pursuant to a Shelf Registration The Shareholder shall be entitled, at any time and from time to time when the Shelf Registration Statement is effectiveeffective and until the Termination Date, to sell such Registerable Securities Registrable Common Shares as are is then registered pursuant to such Shelf Registration Statement (each, a “Shelf Takedown”), but only upon not less than three (3) business days’ prior written notice to the Company (whether or not such takedown is underwritten). No prior notice The Shareholder shall be required of any sale pursuant to a plan that complies with Rule 10b5-1 under the Exchange Act, provided that the Company has received a written copy of such plan in advance of the first sale thereunder. Holders holding Registerable Securities registered pursuant to a Shelf Registration shall each be entitled to request that a Shelf Takedown shall be an Underwritten Offering if. underwritten offering, provided, however, that (based on the then-current market prices. ) the number of Registerable Securities Registrable Common Shares included in such Underwritten Offering underwritten Shelf Takedown would yield gross proceeds to all Participating Holders the Shareholder of at least $75 million. Holders participating in the Shelf Takedown Minimum Amount; and provided, further, that the Shareholder shall not be entitled to request that a any underwritten Shelf Takedown be part of an Underwritten Offering within 90 sixty (60) days after the pricing date of any other Underwritten Offering underwritten offering effected pursuant to a Demand Request Registration, a Piggyback Registration or Section 3(a}a Shelf Registration, or when the Company is diligently pursuing an underwritten offering pursuant to (or treated as being pursuant to) a Piggyback Registration. Holder(s) The Shareholder shall also give the Company prompt written notice of the consummation of a each Shelf Takedown, Takedown (whether or not part of an Underwritten Offeringunderwritten).