Common use of Withdrawal from Registration Clause in Contracts

Withdrawal from Registration. Any Holder requesting inclusion ---------------------------- of Registrable Securities pursuant to this Section 3 may, at any time prior to --------- the effective date of the registration statement relating to such registration, revoke such request by delivering written notice of such revocation to the Company; provided, however, that if the Company, in consultation with its -------- ------- financial and legal advisors, determines that such revocation would materially delay the registration or otherwise require a recirculation of the prospectus contained in the registration statement, then such Holder shall have no such right to revoke its request. If the withdrawal of any Registrable Securities or Additional Shares would allow, within the marketing limitations set forth above, the inclusion in the underwriting of a greater number of shares of Registrable Securities or Additional Shares, then, to the extent practicable and without delaying the underwriting, the Company shall offer first to the Holders and/or Electra and second to the Other Shareholders an opportunity to include additional shares of Registrable Securities or Additional Shares, as the case may be in the proportions discussed in Section 3.3 above. -----------

Appears in 1 contract

Samples: Registration Rights Agreement (Career Education Corp)

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Withdrawal from Registration. Any Holder requesting inclusion of ---------------------------- of Registrable Securities pursuant to this Section 3 2.2 may, at any time prior to --------- the effective date of the registration statement relating to such registration, revoke such request by delivering written notice of such revocation to the CompanyCompany and the managing underwriter, if any, at least two days prior to the effective date of the registration; provided, however, that if the Company, in -------- ------- consultation with its -------- ------- financial and legal advisors, determines that such revocation would materially delay the registration or otherwise require a recirculation of the prospectus contained in the registration statement, then such Holder shall have no such right to revoke its request. If the withdrawal of any Registrable Securities or Additional Shares would allow, within the marketing limitations set forth above, the inclusion in the underwriting of a greater number of shares of Registrable Securities or Additional SharesSecurities, then, to the extent practicable and without delaying the underwriting, the Company shall offer first to the Holders and/or Electra and second to the Other Shareholders an opportunity to include additional shares of Registrable Securities or Additional Shares, as the case may be in the proportions discussed in Section 3.3 above2.3 below. -----------Any Registrable Securities excluded or withdrawn from such underwriting shall also be withdrawn from registration and shall not be transferred in a public distribution prior to 90 days after the effective date of the registration statement relating thereto, or such shorter period of time as the managing underwriter may require.

Appears in 1 contract

Samples: Registration Rights Agreement (National Golf Properties Inc)

Withdrawal from Registration. Any Holder requesting ---------------------------- inclusion ---------------------------- of Registrable Securities pursuant to this Section 3 2.2 may, at any time prior to --------- the effective date of the registration statement relating to such registration, revoke such request by delivering written notice of such revocation to the CompanyCompany and the managing underwriter, if any, at least two days prior to the effective date of the registration; provided, however, that if the Company, in ----------------- consultation with its -------- ------- financial and legal advisors, determines that such revocation would materially delay the registration or otherwise require a recirculation of the prospectus contained in the registration statement, then such Holder shall have no such right to revoke its request. If the withdrawal of any Registrable Securities or Additional Shares would allow, within the marketing limitations set forth above, the inclusion in the underwriting of a greater number of shares of Registrable Securities or Additional SharesSecurities, then, to the extent practicable and without delaying the underwriting, the Company shall offer first to the Holders and/or Electra and second to the Other Shareholders an opportunity to include additional shares of Registrable Securities or Additional Shares, as the case may be in the proportions discussed in Section 3.3 above2.3 below. -----------Any Registrable Securities excluded or withdrawn from such underwriting shall also be withdrawn from registration and shall not be transferred in a public distribution prior to 90 days after the effective date of the registration statement relating thereto, or such shorter period of time as the managing underwriter may require.

Appears in 1 contract

Samples: Registration Rights Agreement (National Golf Properties Inc)

Withdrawal from Registration. Any Holder requesting inclusion ---------------------------- of Registrable Securities pursuant to this Section 3 2.2 may, at any time prior to --------- the effective date of the registration statement relating to such registration, revoke such request by delivering written notice of such revocation to the CompanyCompany and the managing underwriter, if any, at least two days prior to the effective date of the registration; provided, however, that if the Company, in consultation with its -------- ------- financial and legal advisors, determines that such revocation would materially delay the registration or otherwise require a recirculation of the prospectus contained in the registration statement, then such Holder shall have no such right to revoke its request. If the withdrawal of any Registrable Securities or Additional Shares would allow, within the marketing limitations set forth above, the inclusion in the underwriting of a greater number of shares of Registrable Securities or Additional SharesSecurities, then, to the extent practicable and without delaying the underwriting, the Company shall offer first to the Holders and/or Electra and second to the Other Shareholders an opportunity to include additional shares of Registrable Securities or Additional Shares, as the case may be in the proportions discussed in Section 3.3 above2.3 below. -----------Any Registrable Securities excluded or withdrawn from such underwriting shall also be withdrawn from registration and shall not be transferred in a public distribution prior to 90 days after the effective date of the registration statement relating thereto, or such shorter period of time as the managing underwriter may require.

Appears in 1 contract

Samples: Registration Rights Agreement (National Golf Properties Inc)

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Withdrawal from Registration. Any Holder requesting inclusion of ---------------------------- of Registrable Securities pursuant to this Section 3 2(d) may, at any time prior to --------- the effective date of the registration statement relating to such registration, revoke such request by delivering written notice of such revocation to the CompanyCompany and the managing Underwriter, if any, at least two days prior to the effective date of the registration; provided, however, that if the Company, in consultation with its -------- ------- financial and legal advisors, determines that such revocation would materially delay the registration or otherwise require a recirculation of the prospectus contained in the registration statement, then such Holder shall have no such right to revoke its request. If the withdrawal of any Registrable Securities or Additional Shares would allow, within the marketing limitations set forth abovebelow, the inclusion in the underwriting of a greater number of shares of Registrable Securities or Additional SharesSecurities, then, to the extent practicable and without delaying the underwriting, the Company shall offer first to the Holders and/or Electra and second to the Other Shareholders an opportunity to include additional shares of Registrable Securities or Additional Shares, as the case may be in the proportions discussed in Section 3.3 above2(e) below. -----------Any Registrable Securities excluded or withdrawn from such underwriting shall also be withdrawn from registration and shall not be transferred in a public distribution prior to 90 days after the effective date of the registration statement relating thereto, or such shorter period of time as the managing Underwriter may require.

Appears in 1 contract

Samples: Registration Rights Agreement (Prentiss Properties Trust/Md)

Withdrawal from Registration. Any Holder requesting inclusion ---------------------------- of Registrable Securities pursuant to this Section 3 may, at any time prior to --------- the effective date of the registration statement relating to such registration, revoke such request by delivering written notice of such revocation to the Company; provided, however, that if the Company, in consultation with its -------- ------- financial and legal advisors, determines that such revocation would materially delay the registration or otherwise require a recirculation of the prospectus contained in the registration statement, then such Holder shall have no such right to revoke its request. If the withdrawal of any Registrable Securities Securities, Provident Warrant Shares or Additional Shares would allow, within the marketing limitations set forth above, the inclusion in the underwriting of a greater number of shares of Registrable Securities Securities, Provident Warrant Shares or Additional Shares, then, to the extent practicable and without delaying the underwriting, the Company shall offer first to the Holders and/or Electra and the holders of the Provident Warrant Shares and second to the Other other Shareholders an opportunity to include additional shares of Registrable Securities Securities, Provident Warrant Shares or Additional Shares, as the case may be be, in the proportions discussed in Section 3.3 above. -----------.

Appears in 1 contract

Samples: Registration Rights Agreement (Career Education Corp)

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