Common use of CUSA Lock Clause in Contracts

CUSA Lock. ups. CUSA agrees that, if required at any time after the end of Period One by the managing underwriter in connection with an underwritten public offering by the Company for its own account of Class A Common Stock (or other equity securities of the Company) or debt securities of the Company that are convertible into equity securities of the Company, it shall be bound by the terms of the “lock-up” agreement between the Company and such managing underwriter with respect to such underwritten public offering; provided, that (i) such “lock-up” period shall (i) commence on the day following the pricing of such offering and (ii) shall expire upon the earlier of (x) the first date any comparable “lock-up” with respect to the Company, any member of the Company’s board of directors, the Company’s management or any other shareholder of the Company (in each case, in connection with the applicable public offering) expires or is waived (and the Company hereby agrees to give CUSA prompt written notice of any such expiration or waiver) and (y) 60 days following such commencement; provided, further that, CUSA shall not be obligated to enter into a “lock-up” pursuant to this Section 6(a) more than once during any calendar year.

Appears in 2 contracts

Sources: Registration Rights Agreement (Dynegy Inc /Il/), Registration Rights Agreement (Dynegy Holdings Inc)