Common use of Right to Terminate Registration Clause in Contracts

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 2 contracts

Sources: Registration Rights Agreement (Intrepid Potash, Inc.), Registration Rights Agreement (Intrepid Potash, Inc.)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. In addition, the Company shall have the right to reduce the number of Registrable Securities included in such registration if so requested by the SEC. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.4 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 2 contracts

Sources: Registration Rights Agreement (It&e International Group), Registration Rights Agreement (Lavin Philip T)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.1 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder Purchaser has elected to include securities its Registrable Securities in such registration. The , provided, however, that in such event, the Company shall promptly pay all reasonable out-of-pocket costs and expenses of the Purchasers (including, without limitation, all reasonable fees and disbursements of one law firm chosen to represent the Purchasers) incurred in connection with such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)terminated registration.

Appears in 2 contracts

Sources: Registration Rights Agreement (Imco Recycling Inc), Registration Rights Agreement (Imco Recycling Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 4 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has the Stockholders have elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 2 contracts

Sources: Acquisition Agreement (Be Aerospace Inc), Registration and Transfer Agreement (Ryan Patrick L Trust 1998)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of any such terminated or withdrawn registration shall be borne by the Company in accordance with Company, any Piggyback Registration effected pursuant to this Section 5 hereof. Any such withdrawal 2.2 shall not be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations counted as an Underwritten Shelf Takedown under Section 2.02(a2.1(f).

Appears in 2 contracts

Sources: Investors’ Rights Agreement (Surrozen, Inc./De), Business Combination Agreement (Consonance-HFW Acquisition Corp.)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 3.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 3.4 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 2 contracts

Sources: Investors' Rights Agreement (Tumbleweed Communications Corp), Investors' Rights Agreement (Tumbleweed Software Corp)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.1 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration registration, whether or not any Holder has elected to include securities in such registration, in which event the Company shall give written notice to all Holders of record of Registrable Securities. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.3 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 2 contracts

Sources: Registration Rights Agreement (Theglobe Com Inc), Registration Rights Agreement (Theglobe Com Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 1.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration registration, whether or not any Holder has elected to include securities in such registration. The expenses of ; provided, however, if the Holders elect to use their demand registration right pursuant to Section 1.2, then such withdrawn registration shall be borne governed by the Company in accordance with Section 5 hereof. Any such withdrawal 1.2 and it shall not be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)terminated.

Appears in 1 contract

Sources: Investor's Rights Agreement (Find SVP Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 4.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities Registrable Securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice , subject to the rights right of any Holder the Initiating Holders to request that such registration be effected as a required registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)4.1 hereof.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Axys Pharmecueticals Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration statement initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 7.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration statement whether or not any Holder has elected to include securities in such registrationregistration statement. The expenses Registration Expenses of such withdrawn registration statement shall be borne by the Company in accordance with Section 5 7.6 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Stock Purchase Agreement (Cypress Bioscience Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)2.4.

Appears in 1 contract

Sources: Investor Rights Agreement (Gensia Sicor Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not S.L. Partners or any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Investor Rights Agreement (Internap Network Services Corp/Wa)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice SECTION 1.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder of Registrable Securities has elected to include securities in such registration. The expenses of such withdrawn withdraw registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)SECTION 1.7.

Appears in 1 contract

Sources: Loan and Stock Purchase Agreement (Autotradecenter Com Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice SECTION 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 SECTION 2.5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Bei Medical Systems Co Inc /De/)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any the Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 6 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Seracare Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).2.4

Appears in 1 contract

Sources: Investor Rights Agreement

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Series G Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Investor Rights Agreement (Arena Pharmaceuticals Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 1.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder or Other Holder has elected to include securities in such registration. The expenses of ; provided, however, if the Holders elect to use their demand registration right pursuant to Section 1.2 hereof, then such withdrawn registration shall be borne governed by the Company in accordance with Section 5 hereof. Any such withdrawal 1.2 and it shall not be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)terminated.

Appears in 1 contract

Sources: Investor Rights Agreement (Interpacket Networks Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice SECTION 3.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration registration, whether or not any Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 SECTION 3.5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be effected under SECTION 3.1 or to be included in subsequent registrations under Section 2.02(aSECTION 3.2(a).

Appears in 1 contract

Sources: Recapitalization Agreement (Samsonite Corp/Fl)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 1.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 1.7 hereof. Any such withdrawal The right of the Company to terminate or withdraw any registration pursuant to this Section 1.3(b) shall be without prejudice to the rights of any Holder Holders pursuant to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)Sections 1.2 and 1.4.

Appears in 1 contract

Sources: Investor Rights Agreement (Intercontinental Telecommunications Corp)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 1.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any the Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 1.7 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Globespan Inc/De)

Right to Terminate Registration. The Company Any Holder shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 10.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company Purchaser in accordance with Section 5 10.3 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Exchange Agreement (Zindart LTD)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration registration, whether or not any Holder has elected to include securities in such registration, in which event the Company shall give written notice to all Holders of record of Registrable Securities. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.4 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Investor Rights Agreement (Theglobe Com Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Series D-E Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Investor Rights Agreement (Arena Pharmaceuticals Inc)

Right to Terminate Registration. The Company shall have the right for any reason to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice SECTION 3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities Registrable Securities in such registration. The expenses registration and thereafter the Company shall be relieved of its obligation to register such Registrable Securities in connection with the registration of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)equity securities.

Appears in 1 contract

Sources: Registration Rights Agreement (Ramsay Youth Services Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.04 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Pennsylvania Commerce Bancorp Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice SECTION 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration registration, whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 SECTION 2.5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Zebu)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 1(b) prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The registration expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 3 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Insynq Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 0 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)Company.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Epimmune Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice prior to before the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereofthis Agreement. Any If a Holder has elected to include securities in such withdrawal shall be without prejudice to registration and the rights of any Holder to request that Company has filed a registration of its Registrable Securities be included statement with the SEC in subsequent registrations under Section 2.02(a)connection with such registration, the Company shall provide the Holder with at least 10 calendar days notice prior to filing any document with the SEC withdrawing or terminating such registration.

Appears in 1 contract

Sources: Registration Rights Agreement (Valence Technology Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 12.03 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The Notwithstanding any such withdrawal, the Company shall pay all expenses of such withdrawn registration shall be borne incurred by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights Holders of any Holder to request that a registration of its Registrable Securities in connection with such registration initiated under this Section 12.03 as provided in Section 12.04. Registrations effected pursuant to this Section 12.03 shall not be included in subsequent registrations under counted as Demand Registrations effected pursuant to Section 2.02(a)12.02.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Cempra Holdings, LLC)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.1 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has Holders have elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.2 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Investor Rights Agreement (Ovation Products Corp)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The registration expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)as defined above.

Appears in 1 contract

Sources: Investor Rights Agreement (Acacia Research Corp)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.2 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder the Investor has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.3 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Oculex Pharmaceuticals Inc /)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice SECTION 1.4 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 SECTION 1.8 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Registration Rights Agreement (Color Spot Nurseries Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The Notwithstanding any such withdrawal, the Company shall pay all expenses of such withdrawn registration shall be borne incurred by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights Holders of any Holder to request that a registration of its Registrable Securities in connection with such Piggyback Registration as provided in Section 2.4. Registrations effected pursuant to this Section 2.3 shall not be included in subsequent registrations under counted as Demand Registrations effected pursuant to Section 2.02(a)2.2.

Appears in 1 contract

Sources: Registration Rights Agreement (Cempra Holdings, LLC)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 4.12 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder the Purchaser has elected to include securities in such registration. The expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Pacificnet Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any the Holder has elected to include securities Registrable Securities in such registration. The expenses of ; provided, however, if the Holder elects to use its demand registration right pursuant to SECTION 2, then such withdrawn registration shall be borne governed by the Company in accordance with Section 5 hereof. Any such withdrawal SECTION 2 and it shall not be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)terminated.

Appears in 1 contract

Sources: Registration Rights Agreement (Radyne Corp)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice paragraph 1 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder Purchaser has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 paragraph 2 hereof. Any such withdrawal shall be without prejudice to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a).

Appears in 1 contract

Sources: Series B Preferred Stock Purchase Agreement (Myogen Inc)

Right to Terminate Registration. The Company shall have the right to terminate or withdraw any registration initiated by it under this Section 2.02 that is not initiated in response to a Demand Notice 2.3 prior to the effectiveness of such registration and the commencement of the public offer of the securities covered by such registration whether or not any Holder has elected to include securities in such registration. The expenses Registration Expenses of such withdrawn registration shall be borne by the Company in accordance with Section 5 2.5 hereof. Any such withdrawal Registrations effected pursuant to this Section 2.3 shall not be without prejudice counted as demands for registration or registrations effected pursuant to the rights of any Holder to request that a registration of its Registrable Securities be included in subsequent registrations under Section 2.02(a)2.2 or 2.4, respectively.

Appears in 1 contract

Sources: Investor Rights Agreement (Mobitv Inc)