Common use of Withdrawal of Registration Statement Clause in Contracts

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. Notwithstanding the provisions of subparagraph 2.2.6.1 (a) 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 (a) above, the Company may exclude from such registration statement all or a portion of the Shares shares of Common Stock for which registration was requested by Subscriber the Holder 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 Sharesunderwriter, if any, the inclusion of all or a portion of such Sharesshares, 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 shares of Common Stock requested for inclusion in said registration statement are to be excluded included pursuant to the foregoing provision, the Shares shares of Common Stock which are included shall be allocated among the selling stockholders thereunder shareholders (other than the Company) on a pro rata basis.

Withdrawal of Registration Statement. Notwithstanding the provisions of subparagraph 2.2.6.1 (a) 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 (a) above, the Company may exclude from such registration statement all or a portion of the Shares shares of Common Stock for which registration regis tration was requested by Subscriber the Holder 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 Sharesunderwriter, if any, the inclusion of all or a portion of such Sharesshares, 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 shares of Common Stock requested for inclusion in said registration statement are to be excluded included pursuant to the foregoing provision, the Shares shares of Common Stock which are included shall be allocated among the selling stockholders thereunder shareholders (other than the Company) on a pro rata basis.

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 statementstatement referred to in Section 2.2.6.1, 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.