Registration Provisions. If, following the initial Loan hereunder and registration of the initial Loaned Shares in respect of such Loan, any subsequent Loan and public sale of the Loaned Shares in respect of such subsequent Loan that, to the best of Borrower's knowledge at the time any such Loan is initiated, shall be used for purposes reasonably designed to facilitate hedging transactions relating to the purchase and ownership of Convertible Notes, in the reasonable opinion of counsel to Borrower, would require registration under the Securities Act, Lender shall register such sale in a form and manner reasonably satisfactory to Borrower, and shall enter into an underwriting agreement substantially in the form of the underwriting agreement relating to the issuance and sale of such initial Loaned Shares and shall afford Borrower and its representatives and agents an opportunity to conduct an appropriate "due diligence" investigation to Borrower's reasonable satisfaction, all at the expense of Lender. In no event shall this Section 14 require Lender to register shares of Common Stock in excess of the Maximum Number of Shares.
Appears in 2 contracts
Sources: Share Lending Agreement (DryShips Inc.), Share Lending Agreement (DryShips Inc.)