Common use of Suspension of Sales, etc Clause in Contracts

Suspension of Sales, etc. Subject to the next sentence of this paragraph, the Company shall be entitled to postpone, for a reasonable period of time, the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant to any Warrant Shares Registration Statement otherwise required to be prepared, filed and kept effective by it under this Section 11; provided, however, that the duration of such postponement or suspension may not exceed the earlier to occur of (A) 15 days after the cessation of the circumstances described in the next sentence of this paragraph on which such postponement or suspension is based or (B) 120 days after the date of the determination of the Board of Directors referred to in the next sentence. Such postponement or suspension may only be effected if the Board of Directors of the Company determines in good faith that the effectiveness of, or sales pursuant to, such Warrant Shares Registration Statement would materially impede, delay or interfere with any significant financing, offer or sale of securities, acquisition, corporate reorganization or other significant transaction involving the Company or any of its affiliates or require disclosure of material information which the Company has a bona fide business purpose for preserving as confidential. If the Company shall so postpone the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant to, a Warrant Shares Registration Statement, it shall, as promptly as possible, notify any Selling Holders of such determination, and the Selling Holders shall (y) have the right, in the case of a postponement of the effectiveness of a Warrant Shares Registration Statement, upon the affirmative vote of Selling Holders of not less than a majority of the Registrable Warrant Shares to be included in such Warrant Shares Registration Statement, to withdraw the request for registration by giving written notice to the Company within 10 days after receipt of such notice or (z) in the case of a suspension of the right to make sales, receive an extension of the registration period referred to in Section 11(a) hereof equal to the number of days of the suspension.

Suspension of Sales, etc. Subject to the next sentence of this paragraph, the Company Issuer shall be entitled to postpone, for a reasonable period of time, the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant to any Warrant Shares Warrants Registration Statement otherwise required to be prepared, filed and made and kept effective by it under this Section 1110; provided, however, that the duration of such postponement or suspension may not exceed the earlier to occur of (A) 15 days after the cessation of the circumstances described in the next sentence of this paragraph on which such postponement or suspension is based or (B) 120 days after the date of the determination of the Board of Directors referred to in the next sentence. Such postponement or suspension may only be effected if the Board of Directors of the Company Issuer determines in good faith that the effectiveness of, or sales pursuant to, such Warrant Shares Warrants Registration Statement would materially impede, delay or interfere with any significant financing, offer or sale of securities, acquisition, corporate reorganization or other significant transaction involving the Company Issuer or any of its affiliates or require disclosure of material information which the Company Issuer has a bona fide business purpose for preserving as confidential. If the Company Issuer shall so postpone the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant to, a Warrant Shares Warrants Registration Statement, it shall, as promptly as possible, notify any Selling Holders of such determination, and the Selling Holders shall (y) have the right, in the case of a postponement of the effectiveness of a Warrant Shares Warrants Registration Statement, upon the affirmative vote of Selling Holders of not less than a majority of the Registrable Warrant Shares Registerable Securities to be included in such Warrant Shares Warrants Registration Statement, to withdraw the request for registration by giving written notice to the Company Issuer within 10 days after receipt of such notice or (z) in the case of a suspension of the right to make sales, receive an extension of the registration period referred to in Section 11(a10(a) hereof equal to the number of days of the suspension.

Suspension of Sales, etc. Subject to the next sentence of this paragraph, the Company shall be entitled to postpone, for a reasonable period of time, the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant purchase to any Warrant Shares Registration Statement otherwise required to be prepared, filed and made and kept effective by it under this Section 118; provided, however, that the duration of such postponement or suspension may not exceed the earlier to occur of (A) 15 days after the cessation of the circumstances described in the next sentence of this paragraph on which such postponement or suspension is based or (B) 120 days after the date of the determination of the Board of Directors referred to in the next sentence. Such postponement or suspension may only be effected if the Board of Directors of the Company determines in good faith that the effectiveness of, or sales pursuant to, such Warrant Shares Registration Statement would materially impede, delay or interfere with any significant financing, offer or sale of securities, acquisition, corporate reorganization or other significant transaction involving the Company or any of its affiliates or require disclosure of material information which the Company has a bona fide business purpose for preserving as confidential. If the Company shall so postpone the effectiveness of, or suspend the rights of any Selling Holders of Registrable Securities to make sales pursuant to, a Warrant Shares Registration Statement, it shall, as promptly as possible, notify any Selling Holders of such determination, and the Selling Holders shall (y) have the right, in the case of a postponement of the effectiveness of a Warrant Shares Registration Statement, upon the affirmative vote of Selling Holders of not less than a majority of the Registrable Warrant Shares Registerable Securities to be included in such Warrant Shares Registration Statement, to withdraw the request for registration by giving written notice to the Company within 10 days after receipt of such notice or (z) in the case of a suspension of the right to make sales, receive an extension of the registration period referred to in Section 11(a8(a) hereof equal to the number of days of the suspension.

Suspension of Sales, etc. Subject to the next sentence of this paragraph, the Company shall be entitled to postpone, for a reasonable period of time, the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant to any Warrant Shares Registration Statement otherwise required to be prepared, filed and kept effective by it under this Section 11; provided, however, that the duration of such postponement or suspension may not exceed the earlier to occur of (A) 15 days after the cessation of the circumstances described in the next sentence of this paragraph on which such postponement or suspension is based or (B) 120 days after the date of the determination of the Board of Directors referred to in the next sentence. Such postponement or suspension may only be effected if the Board of Directors of the Company determines in good faith that the effectiveness of, or sales pursuant to, such Warrant Shares Registration Statement would materially impede, delay or interfere with any significant financing, offer or sale of securities, acquisition, corporate reorganization or other significant transaction involving the Company or any of its affiliates or require disclosure of material information which the Company has a bona fide business purpose for preserving as confidential. If the Company shall so postpone the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant to, a Warrant Shares Registration Statement, it shall, as promptly as possible, notify any Selling Holders of such determination, and the Selling Holders shall (y) have the right, in the case of a postponement of the effectiveness of a Warrant Shares Registration Statement, upon the affirmative vote of Selling Holders of not less than a majority of the Registrable Warrant Shares to be included in such Warrant Shares Registration Statement, to withdraw the request for registration by giving written notice to the Company within 10 days after receipt of such notice or (z) in the case of a suspension of the right to make sales, receive an extension of the registration period referred to in Section 11(a) hereof equal to the number of days of the suspension.

Suspension of Sales, etc. Subject to the next sentence of this paragraph, the Company shall be entitled to postpone, for a reasonable period of time, the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant purchase to any Warrant Shares Warrants Registration Statement otherwise required to be prepared, filed and made and kept effective by it under this Section 1110; provided, however, that the duration of such postponement or suspension may not exceed the earlier to occur of (A) 15 days after the cessation of the circumstances described in the next sentence of this paragraph on which such postponement or suspension is based or (B) 120 days after the date of the determination of the Board of Directors referred to in the next sentence. Such postponement or suspension may only be effected if the Board of Directors of the Company determines in good faith that the effectiveness of, or sales pursuant to, such Warrant Shares Warrants Registration Statement would materially impede, delay or interfere with any significant financing, offer or sale of securities, acquisition, corporate reorganization or other significant transaction involving the Company or any of its affiliates or require disclosure of material information which the Company has a bona fide business purpose for preserving as confidential. If the Company shall so postpone the effectiveness of, or suspend the rights of any Selling Holders to make sales pursuant to, a Warrant Shares Warrants Registration Statement, it shall, as promptly as possible, notify any Selling Holders of such determination, and the Selling Holders shall (y) have the right, in the case of a postponement of the effectiveness of a Warrant Shares Warrants Registration Statement, upon the affirmative vote of Selling Holders of not less than a majority of the Registrable Warrant Shares Registerable Securities to be included in such Warrant Shares Warrants Registration Statement, to withdraw the request for registration by giving written notice to the Company within 10 days after receipt of such notice or (z) in the case of a suspension of the right to make sales, receive an extension of the registration period referred to in Section 11(a10(a) hereof equal to the number of days of the suspension.