Packaging Dynamics definition
Examples of Packaging Dynamics in a sentence
In any registration initiated as a Demand Registration, Packaging Dynamics shall pay all Registration Expenses in connection therewith, whether or not such Demand Registration becomes effective.
Packaging Dynamics agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense that a remedy at law would be adequate in any action for specific performance.
Packaging Dynamics shall also indemnify any underwriters of the Registrable Securities, their officers, directors and employees and each person who controls such underwriters (within the meaning of the Act and the Exchange Act) to the same extent as provided above with respect to the indemnification of the holders of Registrable Securities.
The indemnification agreement contained in this Section 8.1 shall not apply to statements or omissions made in reliance upon and in conformity with information furnished in writing to Packaging Dynamics by such holder of Registrable Securities expressly for use therein.
Packaging Dynamics shall not be required to disclose any such confidential information or Records until and unless the Inspectors shall have entered into customary confidentiality agreements with Packaging Dynamics with respect thereto.
If Packaging Dynamics receives conflicting instructions, notices or elections from two or more persons with respect to the same Registrable Securities, Packaging Dynamics shall act upon the basis of the instructions, notice or election received from the registered owner of such Registrable Securities.
If a Demand Registration is not declared effective on or before the expiration of one hundred and twenty (120) days after a request is delivered under Section 3.1, then Packaging Dynamics shall be required to effect one (1) additional Demand Registration for the Registrable Securities included in such Demand Registration pursuant to the terms of this Agreement.
Packaging Dynamics shall use its best efforts to cause any such Demand Registration to become effective not later than ninety (90) days after it receives a request under Section 3.1 hereof.
Packaging Dynamics shall not enter into any agreement with respect to its securities that is inconsistent with the rights granted to the holders of Registrable Securities in this Agreement.
If within five (5) business days prior to the first anticipated filing date, Packaging Dynamics has not received the Requested Information in writing from any of such holders (the "Non-Responsive Holders"), Packaging Dynamics may file the Shelf Registration without including the Registrable Securities of the Non-Responsive Holders.