Common use of Notice of Underwriting in Piggyback Registration Clause in Contracts

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Shareholder as a part of the written notice given pursuant to subsection 3.1. In such event the right of any Shareholder to Registration shall be conditioned upon such underwriting and the inclusion of such Shareholder's Registrable Securities in such underwriting to the extent provided in this Section 3. The Shareholder proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering.

Appears in 2 contracts

Samples: Registration Rights Agreement (Gargoyles Inc), Registration Rights Agreement (Gargoyles Inc)

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Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Shareholder Holders as a part of the written notice given pursuant to subsection 3.1. In such event the right of any Shareholder Holder to Registration shall be conditioned upon such underwriting and the inclusion of such ShareholderHolder's Registrable Securities in such underwriting to the extent provided in this Section 3. The Shareholder All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering.

Appears in 2 contracts

Samples: Registration Rights Agreement (Itron Inc /Wa/), Registration Rights Agreement (Houston Industries Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Shareholder Holders as a part of the written notice given pursuant to subsection 3.1Section 2. In such event event, the right of any Shareholder Holder to Registration shall be conditioned upon such underwriting and the inclusion of such ShareholderHolder's Registrable Securities in such underwriting to the extent provided in this Section 3Agreement. The Shareholder All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the underwriter's representative for such offering (the "Underwriter's Representative Representative"). The Holders shall have no right to participate in the selection of the underwriters for such offeringan offering pursuant to this Agreement.

Appears in 1 contract

Samples: Piggyback Registration Rights Agreement (Imperial Petroleum Recovery Corp)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Shareholder Stockholder as a part of the written notice given pursuant to subsection Section 3.1. In such event event, the right of any Shareholder the Stockholder to Registration shall be conditioned upon such underwriting and the inclusion of such Shareholderthe Stockholder's Registrable Securities in such underwriting to the extent provided in this Section 3. The Shareholder proposing If the Stockholder proposes to distribute their his securities through such underwriting underwriting, he shall (together with the Company and the any other holders distributing their securities through such underwriting) enter into an underwriting agreement in customary form with the representative of the Underwriter ("Underwriter's Representative Representative") for such offering. The Stockholder shall have no right to participate in the selection of underwriters for an offering pursuant to this Section.

Appears in 1 contract

Samples: Stock Restriction and Registration Rights Agreement (Omega Health Systems Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Shareholder Holders as a part of the written notice given pursuant to subsection 3.1Section 7.1. In such event event, the right of any Shareholder Holder to Registration shall be conditioned upon such underwriting and the inclusion of such ShareholderHolder's Registrable Securities in such underwriting to the extent provided in this Section 37. The Shareholder All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering. The Holders shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 7.

Appears in 1 contract

Samples: Investors' Rights Agreement (Keynote Systems Inc)

Notice of Underwriting in Piggyback Registration. If the Registration registration of which the Company gives notice is for a Registered registered public offering involving an underwriting, the Company shall so advise the Shareholder Holders as a part of the written notice given pursuant to subsection 3.1Section 7.1. In such event the right of any Shareholder Holder to Registration registration shall be conditioned upon such underwriting and the inclusion of such ShareholderHolder's Registrable Securities in such underwriting to the extent provided in this Section 37. The Shareholder All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering. The Holders shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 7.

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Terayon Communication Systems)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Shareholder Holders as a part of the written notice given pursuant to subsection 3.1Section 5.1. In such event event, the right of any Shareholder Holder to Registration shall be conditioned upon such underwriting and the inclusion of such ShareholderHolder's Registrable Securities in such underwriting to the extent provided in this Section 35. The Shareholder All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering. The Holders shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 5.

Appears in 1 contract

Samples: Investor Rights Agreement (Cepheid)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Shareholder Holders as a part of the written notice given pursuant to subsection Section 3.1. In such event the right of any Shareholder Holder to Registration shall be conditioned upon such underwriting and the inclusion of such ShareholderHolder's Registrable Securities in such underwriting to the extent provided in this Section 3. The Shareholder All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement in customary form with the Underwriter's Representative for such offering.. The

Appears in 1 contract

Samples: Registration Rights Agreement (Aerogen Inc)

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Notice of Underwriting in Piggyback Registration. If the Registration registration of which the Company gives notice pursuant to Section 6.3(a) is for a Registered registered public offering involving an underwriting, then the Company shall so advise the Shareholder holders of Registrable Securities as a part of the written notice given pursuant to subsection 3.1Section 6.3(a). In such event event, the right of any Shareholder such holder to Registration registration shall be conditioned upon such underwriting and the inclusion of such Shareholderholder's Registrable Securities in such underwriting to the extent provided in this Section 3. The Shareholder proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering.; provided that such holders of Registrable Securities shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 6.3(b)

Appears in 1 contract

Samples: Subscription Agreement (Augment Systems Inc)

Notice of Underwriting in Piggyback Registration. If the Registration registration of which the Company gives notice is for a Registered registered public offering involving an underwriting, the Company shall so advise the Shareholder Investor as a part of the written notice given pursuant to subsection 3.1Section 2(b)(1) hereof. In such event event, the right of any Shareholder the Investor to Registration have its Registrable Securities registered shall be conditioned upon such underwriting and the inclusion of such Shareholder's its Registrable Securities in such underwriting to the extent provided in this Section 32(b). The Shareholder Investor proposing to distribute their securities its Registrable Securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriterunderwriter's Representative representative for such offering. The Investor shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 2(b).

Appears in 1 contract

Samples: Registration Rights Agreement (Access Integrated Technologies Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered registered public offering involving an underwritingunderwriting (other than the IPO), the Company shall so advise the Shareholder each Investor as a part of the written notice given pursuant to subsection 3.1Section 6.1. In such event event, the right of any Shareholder Investor to be included in the Registration shall be conditioned upon such underwriting and the inclusion of such ShareholderInvestor's Registrable Securities Conversion Shares in such underwriting to the extent provided in this Section 36. The Shareholder All Investors proposing to distribute their securities through such underwriting shall (together with the Company and the other holders stockholders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriterunderwriter's Representative representative for such offering. The Investors shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 6.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Embarcadero Technologies Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company Corporation gives notice is for a Registered public offering involving an underwriting, the Company Corporation shall so advise the Shareholder Stockholder as a part of the written notice given pursuant to subsection 3.1Section 2(a) hereof. In such event event, the right of any Shareholder such Stockholder to Registration shall be conditioned upon such underwriting and the inclusion of such ShareholderStockholder's Registrable Securities Shares in such underwriting to the extent provided in this Section 32. The Shareholder Stockholder proposing to distribute their securities Registrable Shares through such underwriting shall (together with the Company Corporation and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriterunderwriter's Representative representative for such offering. The Stockholder shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 2.

Appears in 1 contract

Samples: Registration Rights Agreement (Access Integrated Technologies Inc)

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