Common use of Withdrawal by the Company Clause in Contracts

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine not to go forward with a Primary Offering, the Company may, at its election, give written notice of such determination to each Investor and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 4 contracts

Samples: Registration Rights Agreement (Builders FirstSource, Inc.), Registration Rights Agreement (Building Products, LLC), Investment Agreement (Building Products, LLC)

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Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 2.02 and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor Stockholder and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein); provided that any participating Demand Right Holders may continue the registration as a Demand Registration pursuant to Section 2.01.

Appears in 3 contracts

Samples: Registration Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Sonus Networks, Inc.), Merger Agreement (Sonus Networks Inc)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 herein and prior to the time the effect of a registration statement filed in connection with such registration is declared effectiveRegistration, the Company Company’s Board of Directors shall determine in its good faith judgment for any reason not to go forward with a Primary Offeringregister securities, the Company may, at its election, give written notice of such determination to each Investor and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses registration expenses in connection therewith as provided herein).

Appears in 2 contracts

Samples: Registration Rights Agreement (Westpoint International Inc), Registration Rights Agreement (Global Power Equipment Group Inc/)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 paragraph 2(a) and prior to the time the effective date of such registration statement filed in connection with such registration is declared effectiveregistration, the Company Company's board of directors shall determine in its good faith judgment for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor holder of Registrable Securities and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 2 contracts

Samples: Registration Agreement (Netcom Systems Inc), Registration Agreement (Netcom Systems Inc)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 3(a) and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor holder of Registrable Securities and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein)registration.

Appears in 2 contracts

Samples: Registration and Preemptive Rights Agreement (Sky Games International LTD), Registration and Preemptive Rights Agreement (Harrahs Entertainment Inc)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 2.02 and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine not to go forward with a Primary Offering, the Company may, at its election, give written notice of such determination to each Investor and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 2 contracts

Samples: Registration Rights Agreement (MFP Investors LLC), Investment Agreement (Cache Inc)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 5.01 and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor Stockholder and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses (as hereinafter defined) in connection therewith as provided herein).

Appears in 2 contracts

Samples: Stockholders Agreement (Buslease Inc /New/), Stockholders Agreement (Motor Coach Industries International Inc)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 4.02 and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine not to go forward with a Primary Offering, the Company may, at its election, give written notice of such determination to each Investor Stockholder and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 2 contracts

Samples: Stockholders Agreement (Builders FirstSource, Inc.), Stockholders Agreement (Builders FirstSource, Inc.)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 3(a) and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor holder of Registrable Securities and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 1 contract

Samples: Registration Rights Agreement (Meridian Financial Corp)

Withdrawal by the Company. If, at any time after giving written notice ------------------------- of its intention to register any of its securities as set forth in this Section 3.02 paragraph 2(a) and prior to the time the effective date of such registration statement filed in connection with such registration is declared effectiveregistration, the Company Company's board of directors shall determine in its good faith judgment for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor holder of Registrable Securities and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 1 contract

Samples: Registration Agreement (E Tek Dynamics Inc)

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Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 3.01 and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor Stockholder and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 1 contract

Samples: Stockholders Agreement (Builders FirstSource, Inc.)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 5.01 and prior to the time the registration statement filed in connection with such registration is declared effective, the Company shall determine not to go forward with a Primary Offering, the Company may, at its election, give written notice of such determination to each Investor Stockholder and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 1 contract

Samples: Stock Purchase Agreement (Builders FirstSource, Inc.)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 3(a) and prior to the time the effective date of such registration statement filed in connection with such registration is declared effectiveregistration, the Company Company's board of directors shall determine in its good faith judgment for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor Holder of Registrable Securities and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 1 contract

Samples: Registration Rights Agreement (Access Worldwide Communications Inc)

Withdrawal by the Company. If, at any time after giving written notice of its intention to register any of its securities as set forth in this Section 3.02 3(a) and prior to the time effective date of the registration statement filed in connection with such registration is declared effectivetherewith, the Company Company's board of directors shall determine in its good faith judgment for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor Holder of Registrable Securities and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 1 contract

Samples: Registration Rights Agreement (Thomas Equipment, Inc.)

Withdrawal by the Company. If, at any time after giving written ------------------------- notice of its an intention to register any of its securities as set forth in this Section 3.02 paragraph 3(a) and prior to the time the effective date of such registration statement filed in connection with such registration is declared effectiveregistration, the Company Company's board of directors shall determine in its good faith judgment for any reason not to go forward with a Primary Offeringregister such securities, the Company may, at its election, give written notice of such determination to each Investor Holder and thereupon shall be relieved of its obligation to register any Registrable Securities in connection with such particular withdrawn or abandoned registration (but not from its obligation to pay the Registration Expenses in connection therewith as provided herein).

Appears in 1 contract

Samples: Registration Agreement (Pac-West Telecomm Inc)

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