Withdrawal of Registration Statement. Notwithstanding the provisions of subparagraph 2.2.6.1 above, the Company shall at all times have the absolute right to elect not to file any proposed registration statement, or to withdraw the same after the filing but prior to the effective date thereof. In addition, notwithstanding the provisions of subparagraph 2.2.6.1 above, the Company may exclude from such registration statement all or a portion of the Shares for which registration was requested by Subscriber if, in the written opinion of the Company's managing underwriter for any securities being sold by the Company and registered on the same registration statement as the Shares, if any, the inclusion of all or a portion of such Shares, when added to the securities being registered for sale by the Company, will exceed the maximum amount of the Company's securities which can be marketed (i) at a price reasonably related to their then current market value, or (ii) without otherwise materially and adversely affecting the entire offering. If less than all of the Shares requested for inclusion in said registration statement are to be excluded pursuant to the foregoing provision, the Shares which are included shall be allocated among the selling stockholders thereunder on a pro rata basis.
Withdrawal of Registration Statement. After the termination of the Effectiveness Period, the Company shall be entitled to withdraw the Registration Statement, and the Investors shall have no further right to offer or sell any of the Registrable Securities pursuant to the Registration Statement.
Withdrawal of Registration Statement. At any time before the registration statement requested under Section 2(a) or Section 2(c) covering Registrable Shares becomes effective, the Holders of a majority of such shares may request the Company to withdraw or not to file the registration statement. In that event, unless such request of withdrawal was caused by, or made in response to, (i) a material adverse effect or a similar event related to the business, properties, condition, or operations of the Company not known (without imputing the knowledge of any other Person to such holders) by the holders initiating such request at the time their request was made, or other material facts not known to such Holders at the time their request was made, or (ii) a material adverse change in the financial markets, the Holders shall be deemed to have used one of their registration rights under Section 2(a) or Section 2(c), as applicable; provided, however, that such withdrawn registration shall not count as requested registration pursuant to Section 2(a) or Section 2(c) above if the Company shall have been reimbursed (pro rata by the Holders holding a majority of the Registrable Shares requested to be registered or in such other proportion as the requesting Holders may agree) for all out-of-pocket expenses incurred by the Company in connection with such withdrawn registration.
Withdrawal of Registration Statement. If the registration statement in connection with the Initial Public Offering is withdrawn for any reason within one year of the date hereof, this Agreement shall become null and void and be of no further force or effect whatsoever and neither KRH nor RHI Inc. shall have any further obligations hereunder or with respect hereto.
Withdrawal of Registration Statement. The obligation of the Company to bear the expenses described in Section 6(a) shall apply irrespective of whether a registration, once properly demanded, if applicable, becomes effective, is withdrawn or suspended or is converted to another form of registration, irrespective of when any of the foregoing shall occur; provided, however, that the expenses described in Section 6(a) related to any Registration Statement withdrawn solely at the request of Stockholder or any supplements or amendments to a Registration Statement resulting from a Misstatement/Omission by Stockholder shall be borne solely by Stockholder.
Withdrawal of Registration Statement. FLC shall have delivered a letter to the Company requesting the Company to apply to the Securities and Exchange Commission for withdrawal of the Registration Statement filed on August 26, 1998.
Withdrawal of Registration Statement. After the termination of the Registration Period, the Company shall be entitled to withdraw the Registration Statement, and Pfizer shall have no further right to offer or sell any of the Shares pursuant to the Registration Statement.
Withdrawal of Registration Statement. Within ten (10) days of ESI’s receipt of the Termination Fee required in paragraph 3 of this Settlement Agreement, ESI shall file a Request for Withdrawal of the Registration Statement in accordance with Rule 477 adopted by the Securities and Exchange Commission pursuant to the Securities Act of 1933, as amended.
Withdrawal of Registration Statement. The Company shall, as soon as practicable, take all steps necessary to effect a withdrawal under SEC Rule 477 of the Registration Statement.
Withdrawal of Registration Statement. If two-thirds of the Registerable Securities covered by a Registration Statement request that the Registration Statement be withdrawn before sale of the Registerable Securities pursuant to the Registration Statement, then the Investors who voted for withdrawal shall bear all of the Company’s expenses related to the Registration Statement and its withdrawal.
