Common use of Vulcan Demand Request Clause in Contracts

Vulcan Demand Request. Notwithstanding anything to the contrary in this Agreement, if DWI II shall not have previously delivered the maximum number of Demand Requests to which it is entitled under this Section 1.02 and a Demand Request is delivered to the Company by any Holder other than Holdco or DWI II (or an entity Controlled By Xxxx Xxxxx) at any time prior to the Vulcan Repayment Date and, within five Business Days of the receipt of a copy of such Demand Request from the Company under Section 1.02, DWI II shall deliver a Demand Request to the Company under Section 1.02 (which shall specify the number of securities requested to be included in such registration), then DWI II shall be deemed to be the Requesting Holder for all purposes of this Agreement, including Section 1.02(a)(i), Section 1.02(a)(i)(C) and Section 1.02(e) (and such Demand Request shall be treated as a Demand Request of DWI II and not the initial Requesting Holder for all purposes). The failure to exercise such right shall not affect DWI II’s rights to participate in the offering requested by the Requesting Holder under Section 1.02(a)(ii).

Appears in 1 contract

Samples: Registration Rights Agreement (DreamWorks Animation SKG, Inc.)

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Vulcan Demand Request. Notwithstanding anything to the contrary in this Agreement, if DWI II shall not have previously delivered the maximum number of Demand Requests to which it is entitled under this Section 1.02 and a Demand Request is delivered to the Company by any Holder other than Holdco or DWI II (or an entity Controlled By Xxxx Xxxxx) at any time prior to the Vulcan Repayment Date and, within five Business Days of the receipt of a copy of such Demand Request from the Company under Section 1.02, DWI II shall deliver a Demand Request to the Company under Section 1.02 (which shall specify the number of securities requested to be included in such registration), then DWI II shall be deemed to be the Requesting Holder for all purposes of this Agreement, including Section 1.02(a)(i), Section 1.02(a)(i)(C) and Section 1.02(e) (and such Demand Request shall be treated as a Demand Request of DWI II and not the initial Requesting Holder for all purposes). The failure to exercise such right shall not affect DWI II’s 's rights to participate in the offering requested by the Requesting Holder under Section 1.02(a)(ii).

Appears in 1 contract

Samples: Registration Rights Agreement (DreamWorks Animation SKG, Inc.)

Vulcan Demand Request. Notwithstanding anything to the contrary in this Agreement, if DWI II Vulcan shall not have previously delivered the maximum number of Demand Requests to which it is entitled under this Section 1.02 and a Demand Request is delivered to the Company by any Holder other than Holdco or DWI II Vulcan (or an entity Controlled By Xxxx XxxxxVulcan) at any time prior to the Vulcan Repayment Date and, within five Business Days days of the receipt of a copy of such Demand Request from the Company under Section 1.02, DWI II Vulcan shall deliver a Demand Request to the Company under Section 1.02 1.02, (which shall specify the number of securities requested to be included in such registration), ) then DWI II Vulcan shall be deemed to be the Requesting Holder for all purposes of this Agreement, including Section 1.02(a)(i), Section 1.02(a)(i)(C1.02(a)(ii) and Section 1.02(e1.02(a)(ii)(C) (and such Demand Request shall be treated as a Demand Request of DWI II Vulcan and not the initial Requesting Holder for all purposes). The failure to exercise such right shall not affect DWI II’s Vulcan's rights to participate in the offering requested by the Requesting Holder under Section 1.02(a)(ii).

Appears in 1 contract

Samples: Registration Rights Agreement (DreamWorks Animation SKG, Inc.)

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Vulcan Demand Request. Notwithstanding anything to the contrary in this Agreement, if DWI II shall not have previously delivered the maximum number of Demand Requests to which it is entitled under this Section 1.02 and a Demand Request is delivered to the Company by any Holder other than Holdco or DWI II (or an entity Controlled By Xxxx XxxxxPaul Allen) at any time prior to the Vulcan Repayment Date and, within five Business xxxx Xxxxness Days of the receipt of a copy of such Demand Request from the Company under Section 1.02, DWI II shall deliver a Demand Request to the Company under Section 1.02 (which shall specify the number of securities requested to be included in such registration), then DWI II shall be deemed to be the Requesting Holder for all purposes of this Agreement, including Section 1.02(a)(i), Section 1.02(a)(i)(C) and Section 1.02(e) (and such Demand Request shall be treated as a Demand Request of DWI II and not the initial Requesting Holder for all purposes). The failure to exercise such right shall not affect DWI II’s 's rights to participate in the offering requested by the Requesting Holder under Section 1.02(a)(ii).

Appears in 1 contract

Samples: Registration Rights Agreement (DreamWorks Animation SKG, Inc.)

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