Common use of Withdrawal Election Clause in Contracts

Withdrawal Election. If, as a result of the proration provisions of Section 10.2(b), a Holder shall not be entitled to include at least 50% of the Conversion Shares in a Piggy-Back Registration that such Holder has requested to be included, such Holder may elect to withdraw its request to include Conversion Shares in such registration (a "WITHDRAWAL ELECTION") without incurring any liability for its fees and expenses; provided, however, that a Withdrawal Election shall be irrevocable and, after making a Withdrawal Election, such Holder shall no longer have any right to include Conversion Shares in the Piggy-Back Registration as to which such Withdrawal Election was made.

Withdrawal Election. If, as a result of the proration provisions of Section 10.2(b), a Holder shall not be entitled to include at least 50% of the Conversion Shares in a Piggy-Back Registration that such Holder has requested to be included, such Holder may elect to withdraw its request to include Conversion Shares in such registration (a "WITHDRAWAL ELECTIONWithdrawal Election") without incurring any liability for its fees and expenses; provided, however, that a Withdrawal Election shall be irrevocable and, after making a Withdrawal Election, such Holder shall no longer have any right to include Conversion Shares in the Piggy-Back Registration as to which such Withdrawal Election was made.