Common use of Designation of Underwriter Clause in Contracts

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 which is proposed to be effected pursuant to a firm commitment underwriting, the Company, with the consent of the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall designate the managing underwriter(s) (and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting).

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 which is proposed to be effected pursuant to a firm commitment underwritingSections 2.2 and 2.3 of this Agreement, the CompanyInitiating Holders that submitted the request for registration shall have the right to designate the managing underwriter(s) in any underwritten offering, with the consent of the Initiating Holders Company (which consent will not to be unreasonably withheld or delayedwithheld), at the Company’s expense. With respect to a Piggy-Back Underwritten Offering effected under Section 2.1, the Company shall designate the managing underwriter(s) (and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting).

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 hereof which is proposed to be effected pursuant to a firm commitment underwriting, the Company, with the consent holders of the Initiating Holders (Registrable Securities shall have the right to designate the managing underwriter by majority vote, subject to the approval of VPSI, which consent approval will not be unreasonably withheld or delayed)withheld, shall designate the managing underwriter(s) (and all holders of Registrable Stock participating in the registration shall enter into a customary agreement with the underwriters and sell their shares only pursuant to such underwriting).

Designation of Underwriter. In the case of any registration initiated -------------------------- by the holders of Registrable Stock pursuant to the provisions of Section 2.1 1.2 hereof which is proposed to be effected pursuant to a firm commitment underwriting, the Company, with Company shall have the consent of the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall right to designate the managing underwriter(s) (underwriter, and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting).; provided, however, that so -------- -------

Designation of Underwriter. In the case of If any registration initiated by the -------------------------- holders of Registrable Stock pursuant to the provisions of Section 2.1 which 5(a) is proposed to be effected pursuant to a firm commitment underwriting, the Company, with the consent of the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall designate the managing underwriter(s) (and all underwriter. All holders of Registrable Stock participating in the registration shall must sell their shares only pursuant to such underwriting).

Designation of Underwriter. 3.8.1. In the case of any registration initiated by the holders of Registrable Stock Registration affected pursuant to the provisions of Section 2.1 which is proposed to be effected pursuant to a firm commitment underwriting3.2 or 3.3, the Company, with Preferred Holders initiating the consent Registration and holding a majority of the Initiating Registrable Securities held by such Preferred Holders (which consent will not be unreasonably withheld or delayed), shall have the right to designate the managing underwriter(s) (in any underwritten offering which shall be a prominent and all holders reputable underwriter, subject to the consent of Registrable Stock participating in the registration Company, which consent shall sell their shares only pursuant to such underwriting)not be unreasonably withheld.

Designation of Underwriter. If any of the Registrable Shares covered by a registration requested pursuant to Section 3 is to be sold in an underwritten offering, the Initiating Holders shall have the right to select the managing underwriter(s) to administer the offering subject to the approval of the Company, which will not be unreasonably withheld. In the case of any registration initiated by of the holders of Registrable Stock Company’s shares pursuant to the provisions of Section 2.1 which is proposed to be effected pursuant to a firm commitment underwriting2, the Company, with Company shall have the consent of the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall right to designate the managing underwriter(s) (and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting)any underwritten offering.

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock Initiating Holders pursuant to the provisions of Section 2.1 hereof which is proposed to be effected pursuant to a firm commitment underwritingunderwriting and, subject to the approval of the Company, with the consent of which approval shall not be unreasonably withheld, the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall have the right to designate the managing underwriter(s) (underwriter, and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting).

Designation of Underwriter. (a) In the case of any registration initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 which is proposed to be effected pursuant to a firm commitment Section 7.2 or 7.3 and in the event the Initiating Holders intend to distribute the Registrable Securities by means of an underwriting, the Company, with the consent a majority of the Initiating Holders (which consent will not be unreasonably withheld or delayed), that submitted requests for registration shall have the right to designate the managing underwriter(s) (in any underwritten offering who shall be a prominent and all holders reputable underwriter, subject to the consent of Registrable Stock participating in the registration Company, which consent shall sell their shares only pursuant to such underwriting).not be unreasonably withheld. BigBand Networks FIFTH AMENDED AND RESTATED INVESTORS RIGHTS AGREEMENT

Designation of Underwriter. In the case of any registration -------------------------- initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 2.2 hereof which is proposed to be effected pursuant to a firm commitment underwriting, the Company, with Corporation shall have the consent of the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall right to designate the managing underwriter(s) underwriter (which underwriter shall be acceptable to the Initiating Holders), and all holders of Registrable Stock participating in the registration shall sell their shares of- Registrable Stock only pursuant to such underwriting).

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 which is -------------------------- proposed to be effected pursuant as to a firm commitment underwritingwhich Section 2.1 is applicable, the Company, with Company shall ----------- have the consent of sole and exclusive right to designate the Initiating Holders Underwriter(s) therefor (which consent will not be unreasonably withheld or delayedif any), shall designate the managing underwriter(s) (and all holders of Registrable Stock participating in the registration U.S. Holders shall sell their shares Registrable Shares only pursuant to such underwritingunderwriting (if any).

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock pursuant -------------------------- to the provisions of Section 2.1 11.1 hereof which is proposed to be effected pursuant to a firm commitment underwriting, the Company, with the consent of the Initiating Holders (which consent will not be unreasonably withheld or delayed), Company shall designate select the managing underwriter(s) (underwriter, and all holders of Registrable Stock participating any Purchaser whose shares are included in the such registration statement shall sell their such shares only pursuant to such underwriting).

Designation of Underwriter. In the case of any registration initiated by effected pursuant to this Section 7, a majority in interest of the holders of Registrable Stock pursuant shall have the right to designate the managing underwriter in any underwritten offering, subject to the provisions prior written consent of Section 2.1 which is proposed to be effected pursuant to a firm commitment underwriting, the Company, with the consent of the Initiating Holders (which consent will shall not be unreasonably withheld or delayed), shall designate the managing underwriter(s) (and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting)withheld.

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock Initiating Holders pursuant to the provisions of Section 2.1 3.1 hereof which is proposed to be effected pursuant to a firm commitment underwritingunderwriting and, subject to the approval of the Company, with the consent of which approval shall not be unreasonably withheld, the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall have the right to designate the managing underwriter(s) (underwriter, and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting).

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock Initiating Holders pursuant to the provisions of Section 2.1 3.1 hereof which is proposed to be effected pursuant to a firm commitment underwriting, subject to the approval of the Company, with the consent of which approval shall not be unreasonably withheld, the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall have the right to designate the managing underwriter(s) (underwriter, and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting).

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 which is proposed to be effected pursuant as to a firm commitment underwritingwhich Section 2.1 is applicable, the Company, with Company shall have the consent of sole and exclusive right to designate the Initiating Holders Underwriter(s) therefore (which consent will not be unreasonably withheld or delayedif any), shall designate the managing underwriter(s) (and all holders Holders of Registrable Stock participating in the registration shall sell their shares of Registrable Stock only pursuant to such underwritingunderwriting (if any).

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock pursuant to the provisions of Section 2.1 1.2 hereof which is proposed to be effected pursuant to a firm commitment underwriting, the Initiating Holders shall have the right to designate the managing underwriter, subject to the approval of the Company, with the consent of the Initiating Holders (which consent will shall not be unreasonably withheld conditioned, delayed or delayed)withheld, shall designate the managing underwriter(s) (and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting). In the case of any registration initiated by the Company, the Company shall have the sole right to designate the underwriters and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting.

Designation of Underwriter. In the case of any registration initiated by the holders of Registrable Stock Initiating Holders pursuant to the provisions of Section 2.1 6.1 hereof which is proposed to be effected pursuant to a firm commitment underwriting, underwriting and the Company, with Company shall have the consent of the Initiating Holders (which consent will not be unreasonably withheld or delayed), shall right to designate the managing underwriter(s) (underwriter, after consulting with the Initiating Holders, and all holders of Registrable Stock participating in the registration shall sell their shares only pursuant to such underwriting).