LIMITATION ON REGISTRATION REQUIREMENT. Except as provided in Section 2.3(b) hereof, the Company shall have the right to postpone for up to 75 days any registration required pursuant to Section 2.1 or Section 2.3 hereof if the Company determines in good faith (and so certifies to the Shareholders) that the filing of such registration statement would require the disclosure of non-public material information the disclosure of which would have a material adverse effect on the Company or would otherwise adversely affect any proposal or plan by the Company or any of its subsidiaries to engage in any acquisition of assets (other than in the ordinary course of business) or any merger, consolidation, tender offer or similar transaction (provided, however, that the Company may not exercise its right to so delay a registration pursuant to Section 2.1 or Section 2.3 hereof more than once in any twelve-month period).
Appears in 3 contracts
Sources: Registration Rights Agreement (Hayes John B), Registration Rights Agreement (Wyant James C), Merger Agreement (Veeco Instruments Inc)