Board of Directors Discretion. Notwithstanding the foregoing, the Company shall have no liability for failure to file a Registration Statement of failing to cause a Registration Statement to become effective, if the Board of Directors of the Company in its sole discretion determines at any time prior to effectiveness of the Registration Statement: that the Company has near term prospects for another transaction, such as a merger, consolidation or sale, that would provide greater value to the stockholders and/or creditors of the Company.
Appears in 6 contracts
Samples: Registration Rights Agreement (Next Fuel, Inc.), Subscription Agreement (Next Fuel, Inc.), Registration Rights Agreement (Next Fuel, Inc.)
