Common use of Withdrawal Election Clause in Contracts

Withdrawal Election. If, as a result of the proration provisions of the Section 1.3, any Stockholder shall not be entitled to include at least 50% of the Registrable Shares in such Incidental Registration pursuant to Section 1.3(a) that such Stockholder has requested to be included, such Stockholder may elect to withdraw his, her or its request to include Registrable Shares in such registration (a "Withdrawal Election") without incurring any liability for his, her or its fees and expenses; PROVIDED, HOWEVER, that a Withdrawal Election shall be irrevocable and, after making a Withdrawal Election, a Stockholder shall no longer have any right to include Registrable Shares in the Registration as to which such Withdrawal Election is made.