Common use of Demand Registration Statement Clause in Contracts

Demand Registration Statement. The Company shall, as expeditiously as possible and in any event within sixty (60) days after receipt of a Demand for a Demand Registration pursuant to Section 2.1, prepare and file with the Commission a Registration Statement on any form (a) for which the Company then qualifies or which counsel for the Company shall deem appropriate and (b) which shall be available for the sale of all Registrable Securities to be registered thereunder in accordance with the intended methods of distribution thereof, and shall use its best efforts to cause such Registration Statement to become and remain effective for the period required by Section 3.1.5; provided, however, that the Company shall have the right to defer such filing for up to ninety (90) days if the Company shall furnish to the holders a certificate signed by the Chief Executive Officer of the Company stating that, in the good faith judgment of the Board of Directors of the Company, such filing would have a material adverse effect on any previously undisclosed proposal or plan by the Company to engage in any material financing, acquisition, merger, consolidation, tender offer or other transaction or third party claim (but the Company shall not have the right to exercise the right set forth in this proviso more than once in any 365-day period in respect of all Demand Registrations hereunder).

Appears in 3 contracts

Sources: Registration Rights Agreement (Symmetry Holdings Inc), Registration Rights Agreement (Symmetry Holdings Inc), Registration Rights Agreement (Symmetry Holdings Inc)