Period of Delay. If an event described in clauses (i) through (iv) of Section 2(b) shall occur, the Company may, by written notice to the Holders, delay the filing of a Registration Statement with respect to the Registrable Securities to be covered thereby for a period of time not exceeding 60 days. If an event described in clause (v) of Section 2(b) shall occur, the filing of a Registration Statement with respect to the Registrable Securities to be covered thereby shall be delayed until the first date that the Registrable Securities to be covered thereby can be sold without violation of Regulation M of the Exchange Act.
Period of Delay. If an event described in clauses (i) through (iv) of Section 2(e) shall occur, the Company may, by written notice to the Holders, delay the filing of a Registration Statement with respect to the Registrable Securities to be covered thereby for a period of time not exceeding an aggregate of sixty (60) days. If an event described in clause (v) of this Section 2(e) shall occur, the filing of a Registration Statement with respect to the Registrable Securities to be covered thereby shall be delayed until the first date that the Registrable Securities to be covered thereby can be sold without violation of Regulation M of the Exchange Act. Notwithstanding the above, (i) no Allowable Extension shall be allowed (and any Allowable Extension that is then in progress shall be terminated) if a Legend Removal Condition (as defined in the Investment Agreement) has been met and the Company has failed or refused to remove restrictive legends from common stock of the Investor pursuant to the terms of the Investment Agreement and (ii)_the Allowable Extension shall apply only to registrations of new or additional securities and shall expressly not apply to any supplement or amendment to an existing registration statement that the Company is required to file in order to keep such existing registration statement current and effective.
Period of Delay. If an event described in clauses (i) through (iv) of Section 2(b) shall occur, the Company may, by written notice to the Investor, delay the filing of a Registration Statement with respect to the Registrable Securities to be covered thereby for a period of time not exceeding an aggregate of sixty (60) days. If an event described in clause (v) of Section 2(b) shall occur, the filing of a Registration Statement with respect to the Registrable Securities to be covered thereby shall be delayed until the first date that the Registrable Securities to be covered thereby can be sold without violation of Regulation M of the Exchange Act. The Allowable Extension shall apply only to registrations of new or additional securities and shall expressly not apply to any supplement or amendment to an existing Registration Statement that the Company is required to file in order to keep such existing Registration Statement current and effective.
Period of Delay. If an event described in clauses (i) through (iii) of Section 2(d) shall occur, the Company may, by written notice to the Holders, delay the filing of a Registration Statement with respect to the Registrable Securities to be covered thereby for a period of time not exceeding 60 days.
Period of Delay. The Purchaser shall not be obligated to effect --------------- the filing of a registration statement pursuant to this Section 9.4 if, at the time of any request to register Registrable Securities pursuant to this Section 9.4, the Purchaser is preparing, or within 30 days thereafter engages a managing underwriter and commences to prepare, a registration statement for a primary public offering (other than a registration effected solely to implement an employee benefit plan) by the Purchaser (a "Purchaser Offering"), or is engaged ------------------ in any material acquisition or divestiture or other business transaction with a third party which, in the good faith opinion of the board of directors of the Purchaser, would be adversely affected by the Shelf Registration (a "Material -------- Purchaser Transaction"), in which event the Purchaser may at its option by --------------------- written notice to the Stockholder direct that the obligation to commence the preparation and filing of such Shelf Registration be delayed for a period of 45 days from the date of such request or, if during such 45-day period the Purchaser files a registration statement with respect to a Purchaser Offering, then until such date that is 90 days after the effective date of such registration statement. Additionally, if the Purchaser has filed and the Commission has declared effective any registration statement pursuant to this Section 9.4, and thereafter the Purchaser commences to prepare, or engages a managing underwriter and commences to prepare, a registration statement for a Purchaser Offering, or is engaged in any Material Purchaser Transaction, then the Purchaser may at its option by written notice to the Stockholder direct that no Registrable Securities be distributed pursuant to the Shelf Registration for a period of 45 days from the date of such notice to the Stockholder or, if during such 45-day period, the Purchaser files a registration statement with respect to a Purchaser Offering, 90 days after the effective date of such registration statement.
Period of Delay. Upon the occurrence of any event contemplated by clause (i) of Section 2(b), as promptly as reasonably possible under the circumstances taking into account the Company’s good faith assessment of any adverse consequences to the Company and its stockholders of the premature disclosure of such event, prepare a supplement or amendment, including a post-effective amendment, to a Registration Statement or a supplement to the related Prospectus or any document incorporated or deemed to be incorporated therein by reference, and file any other required document so that, as thereafter delivered, neither a Registration Statement nor such Prospectus will contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. If the Company notifies the Holders in accordance with clause (i) of Section 2(b) above to suspend the use of any Prospectus until the requisite changes to such Prospectus have been made, then the Holders shall suspend use of such Prospectus. The Company will use its commercially reasonable best efforts to ensure that the use of the Prospectus may be resumed as promptly as is practicable. The Company shall be entitled to exercise its right under this Section 2(d) to suspend the availability of a Registration Statement and Prospectus, subject to the payment of partial liquidated damages otherwise required pursuant to Section 2(a), for a period not to exceed 60 calendar days (which need not be consecutive days) in any 12-month period.
Period of Delay. When a Force Majeure Event has occurred, the non-performing Party will be excused from further performance of the obligations affected for as long as the circumstances prevail and the non-performing Party continues to use all commercially reasonable endeavours to recommence performance whenever and to whatever extent possible without delay. Any non-performing Party will promptly notify the Party to whom performance is due and describe at a reasonable level of detail the circumstances causing such delay and the expected duration thereof. The non-performing Party will ensure that the affected Party is treated equally with any third parties (including the non-performing Party’s Affiliates) in respect of similar services that are provided during a Force Majeure Event.
Period of Delay. When a Force Majeure Event has occurred, the Party whose performance is delayed will be excused from further performance of the obligations affected for as long as the circumstances prevail and such Party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. Such Party will promptly notify the other Party of the Force Majeure Event describing at a reasonable level of detail the circumstances causing such delay and the expected duration thereof. The Party in delay will treat the other Party equally with any similarly situated third parties (including the Party in delay’s Affiliates) in respect of similar services that are provided during a Force Majeure Event.
