Common use of Suspension Right Clause in Contracts

Suspension Right. Notwithstanding the provisions of Sections 5(a) and (b), if the Board of Directors of the Company determines in good faith that the filing of a registration statement or any supplement or amendment thereto would interfere with the negotiation or completion of a material transaction or event being contemplated by the Company, the Company shall have the right to (the "Suspension Right"), by notice to the Holders in accordance with Section 11(d), defer the filing of a registration statement to effect the Shelf Registration or suspend the rights of the Holders to make sales pursuant to the Shelf Registration for such a period of time as the Board of Directors may determine; provided that no such period of deferral or suspension may exceed 45 consecutive days and that all such periods of deferral or suspension may not exceed 90 days in the aggregate during any period of 12 consecutive months.

Suspension Right. Notwithstanding the provisions of Sections 5(a4(a) and (b), if the Board of Directors of the Company determines in good faith that the filing of a registration statement or any supplement or amendment thereto would interfere with the negotiation or completion of a material transaction or event being contemplated by the Company, the Company shall have the right to (the "Suspension Right"), by notice to the Holders in accordance with Section 11(d9(d), defer the filing of a registration statement to effect the Shelf Registration or suspend the rights of the Holders to make sales pursuant to the Shelf Registration for such a period of time as the Board of Directors may determine; provided that no such period of deferral or suspension may exceed 45 30 consecutive days and that all such periods of deferral or suspension may not exceed 90 60 days in the aggregate during any period of 12 consecutive months.