Holdback Agreements; Registration Rights to Others. (a) In connection with each underwritten sale of Registrable Securities, the Company agrees, and each holder of Registrable Securities by acquisition of such Registrable Securities agrees, to enter into customary holdback agreements concerning sale or distribution of Registrable Securities and other equity Securities of the Company, except, in the case of any holder of Registrable Securities, to the extent that such holder is prohibited by applicable law or exercise of fiduciary duties from agreeing to withhold Registrable Securities from sale or is acting in its capacity as a fiduciary or investment adviser. Without limiting the scope of the term "fiduciary," a holder shall be deemed to be acting as a fiduciary or an investment adviser if its actions or the Registrable Securities proposed to be sold are subject to the Employee Retirement Income Security Act of 1974, as amended, or the Investment Company Act of 1940, as amended, or if such Registrable Securities are held in a separate account under applicable insurance law or regulation.
Holdback Agreements; Registration Rights to Others. In the event and to the extent requested by the managing underwriter or, if the KSI Registrable Securities are not being disposed of in an underwritten Public Offering, if requested by KSI, the Company and each Unitholder agrees not to sell, make any short sale of, grant any option for the purchase of, or otherwise dispose of any securities other than those KSI Registrable Securities included in such KSI Registration pursuant to Section 3.1(a), 3.1(b) or 3.2(a) for the thirty (30) days prior to and up to one hundred eighty (180) days after the effectiveness of the registration statement pursuant to which such Public Offering shall be made (or such shorter period of time as is sufficient and appropriate, in the opinion of the managing underwriter or, as the case may be, KSI in order to complete the sale and distribution of the securities included in such Public Offering); provided that the limitations contained in this Section 3.8 shall not apply to the extent a Unitholder is prohibited by Applicable Law from so withholding such securities from sale during such period; provided, further, that in the event that the underwriters or KSI, as the case may be, release the Company, MidOcean, any member of the Behrman Group or Gryphon from the restrictions set forth in this Sectxxx 0.0, each of the other holders of KSI Registrable Securities distributed by the Company with respect to Preferred Units, pro rata on a Deemed Converted Basis (assuming all such Units were convertible), shall be similarly released with respect to the percentage of securities that is equal to the percentage of securities as to which the Company, MidOcean, any such member of the Behrman Group or Gryphon, as the case may be, was released (as determxxxx xx dividing the number of securities released by the aggregate number of securities held by such holder).
Holdback Agreements; Registration Rights to Others. (a) In connection with each underwritten sale of Registrable Securities, the Company agrees, and each Holder by acquisition of such Registrable Securities agrees, to enter into customary holdback agreements concerning sale or distribution of Registrable Securities and other equity Securities of the Company, except, in the case of any Holder, to the extent that such Holder is prohibited by applicable law or exercise of fiduciary duties from agreeing to withhold Registrable Securities from sale. Without limiting the scope of the term "fiduciary," a Holder shall be deemed to be acting as a fiduciary if its actions or the Registrable Securities proposed to be sold are subject to the Employee Retirement Income Security Act of 1974, as amended, or the Investment Company Act of 1940, as amended, or if such Registrable Securities are held in a separate account under applicable insurance law or regulation. Notwithstanding the foregoing, no Holder who has been engaged on behalf of an Account shall be required to hold back Registrable Securities attributable to such Account if either:
Holdback Agreements; Registration Rights to Others. In the event and to the extent requested by the managing underwriter of an Underwritten Offering, each Shareholder agrees that it will enter into a customary “lock-up agreement” with such managing underwriter pursuant to which it will agree not to sell, make any short sale of, grant any option for the purchase of, or otherwise dispose of any Equity Securities, other than those Registrable Securities included in such Registration pursuant to the terms hereof for the fourteen days prior to (x) the effectiveness of a registration statement (other than a Shelf Registration Statement) pursuant to which such Public Offering shall be made, or
Holdback Agreements; Registration Rights to Others. 10 1.9 Other Registration of Common Stock............................. 11 1.10
Holdback Agreements; Registration Rights to Others. In the event and to the extent requested by the managing underwriter or, if the Registrable Securities
Holdback Agreements; Registration Rights to Others. (a) In connection with each underwritten sale of Registrable Securities, the Parent agrees, and each holder of Registrable Securities by acquisition of such Registrable Securities agrees, to enter into customary holdback agreements (for an aggregate period or periods not exceeding one hundred twenty (120) days in any period of three hundred sixty (360) days or, in the case of any Registration, such shorter time in which all securities purchased by the underwriters are actually sold) concerning the sale or distribution of Registrable Securities and other equity Securities of the Parent, except, in the case of any holder of Registrable Securities, to the extent that such holder is prohibited by applicable law or exercise of fiduciary duties from agreeing to withhold Registrable Securities from sale or is acting in its capacity as a fiduciary or investment adviser. Without limiting the scope of the term "fiduciary," a holder shall be deemed to be acting as a fiduciary or an investment adviser if its actions or the Registrable Securities proposed to be sold are subject to the Employee Retirement Income Security Act of 1974, as amended, or the Investment Company Act of 1940, as amended, or if such Registrable Securities are held in a separate account under applicable insurance law or regulation.
Holdback Agreements; Registration Rights to Others. 14 3.8 Availability of Information. . . . . . . . . . . . 15
Holdback Agreements; Registration Rights to Others. In the event and to the extent requested by the managing underwriter of an Underwritten Offering, each Shareholder agrees that it will enter into a customary “lock-up agreement” with such managing underwriter pursuant to which it will agree not to sell, make any short sale of, grant any option for the purchase of, or otherwise dispose of any Equity Securities, other than those Registrable Securities included in such Registration pursuant to the terms hereof for the fourteen days prior to (x) the effectiveness of a registration statement (other than a Shelf Registration Statement) pursuant to which such Public Offering shall be made, or (y) the pricing of an Underwritten Offering and ending on the earlier to occur of (1) in case of the Initial Public Offering, the date that is one hundred and eighty (180) days after the effectiveness of the registration statement relating to such Initial Public Offering, or (2) in the case of any other Underwritten Offering, the date that is ninety days after the pricing of such Underwritten Offering (or such shorter period of time as is sufficient and appropriate, in the opinion of the managing underwriter, to complete the sale and distribution of the securities included in such Underwritten Offering) (the “Lock-Up Period”); provided, that the limitations contained in this Section 3.9 shall not apply to the extent a Shareholder is prohibited by Applicable Law from so withholding such Equity Securities from sale during such period; provided, further, that if any other holder of securities of ITC Investments is or becomes subject to a shorter Lock- Up Period or receives more advantageous terms relating to the Lock-Up Period under any lock-up agreement (including as a result of any discretionary waiver or termination of the restrictions of any or all of such agreements by ITC Investments or the underwriters), then the Lock-Up Period shall be such shorter period and also on such more advantageous terms.
Holdback Agreements; Registration Rights to Others. (a) If the Parent shall at any time register Securities under the Securities Act (including, without limitation, any registration relating to any registration pursuant to this Section 1) for offer or sale to the public, then no Investor shall make any short sale of, grant an option for the transfer of, or otherwise transfer, any Registrable Securities (other than:
