Common use of Underwritten Offer Clause in Contracts

Underwritten Offer. If the registration of which the Company gives written notice under Paragraph 3(a)(i) above involves an underwriting, the Company shall so advise in such written notice. In such event the right of any Holder to registration pursuant to Paragraph 3(a) shall be conditioned upon such Holder's participation in such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting. All Holders proposing to distribute their Registrable Securities through such underwriting shall (together with the Company and the other holders distributing their Registrable Securities through such underwriting) enter into an underwriting agreement in customary form with the underwriter or underwriters selected for such underwriting by the Company. If any Holder disapproves of the terms of any such underwriting, such Holder may elect to withdraw from the underwriting by prompt written notice to the Company and the underwriter.

Appears in 4 contracts

Samples: Registration Rights Agreement (Dvi Inc), Confidential Treatment (Ivi Publishing Inc), Registration Rights Agreement (Dvi Inc)

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Underwritten Offer. If the registration of which the Company gives ------------------ written notice under Paragraph Section 3(a)(i) above involves an underwriting, the Company shall --------------- so advise in such written notice. In such event the right of any Holder to registration pursuant to Paragraph 3(a) Section 3 shall be conditioned upon such Holder's --------- participation in such underwriting and the inclusion of such Holder's Registrable Securities Shares in such underwriting. All Holders proposing to distribute their Registrable Securities Shares through such underwriting shall (together with the Company and the other holders Holders distributing their Registrable Securities Shares through such underwriting) enter participate in the underwriting by entering into an underwriting agreement in customary form with or completing, at the request of the underwriter or underwriters selected for such underwriting by the Company. If any Holder disapproves , an underwriting agreement, questionnaires, powers of the terms of any such underwriting, such Holder may elect to withdraw from the underwriting by prompt written notice to the Company attorney and the underwriterindemnities in their customary form.

Appears in 1 contract

Samples: Registration Rights Agreement (Netzee Inc)

Underwritten Offer. If the registration of which the Company gives ------------------ written notice under Paragraph 3(a)(i) above involves an underwriting, the Company shall so advise in such written notice. In such event the right of any Holder to registration pursuant to Paragraph 3(a) shall be conditioned upon such Holder's participation in such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting. All Holders proposing to distribute their Registrable Securities through such underwriting shall (together with the Company and the other holders distributing their Registrable Securities through such underwriting) enter into an underwriting agreement in customary form with the underwriter or underwriters selected for such underwriting by the Company. If any Holder disapproves of the terms of any such underwriting, such Holder may elect to withdraw from the underwriting by prompt written notice to the Company and the underwriter.

Appears in 1 contract

Samples: Registration Rights Agreement (Dvi Inc)

Underwritten Offer. If the registration of which the Company gives written notice under Paragraph 3(a)(i4(a)(i) above involves an underwriting, the Company shall so advise in such written notice. In such event the right of any Holder to registration pursuant to Paragraph 3(a4(a) shall be conditioned upon such HolderHolders's participation in such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting. All Holders proposing to distribute their Registrable Securities through such underwriting shall (together with the Company and the other holders distributing their Registrable Securities through such underwriting) enter into an underwriting agreement in customary form with the underwriter or underwriters selected for such underwriting by the Company. If any Holder disapproves of the terms of any such underwriting, such Holder may elect to withdraw from the underwriting by prompt written notice to the Company and the underwriter.

Appears in 1 contract

Samples: Registration Rights Agreement (Diametrics Medical Inc)

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Underwritten Offer. If the registration of which the Company ------------------ gives written notice under Paragraph 3(a)(i5(a)(i) above involves an underwriting, the Company shall so advise in such written notice. In such event the right of any Holder to registration pursuant to Paragraph 3(a5(a) shall be conditioned upon such HolderHolders's participation in such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting. All Holders proposing to distribute their Registrable Securities through such underwriting shall (together with the Company and the other holders distributing their Registrable Securities through such underwriting) enter into an underwriting agreement in customary form with the underwriter or underwriters selected for such underwriting by the Company. If any Holder disapproves of the terms of any such underwriting, such Holder may elect to withdraw from the underwriting by prompt written notice to the Company and the underwriter.

Appears in 1 contract

Samples: Registration Rights Agreement (Amarfour LLC)

Underwritten Offer. If the registration of which the Company ------------------ gives written notice under Paragraph 3(a)(i4(a)(i) above involves an underwriting, the Company shall so advise in such written notice. In such event the right of any Holder to registration pursuant to Paragraph 3(a4(a) shall be conditioned upon such Holder's participation in such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting. All Holders proposing to distribute their Registrable Securities through such underwriting shall (together with the Company and the other holders distributing their Registrable Securities through such underwriting) enter into an underwriting agreement in customary form with the underwriter or underwriters selected for such underwriting by the Company. If any Holder disapproves of the terms of any such underwriting, such Holder may elect to withdraw from the underwriting by prompt written notice to the Company and the underwriter.

Appears in 1 contract

Samples: Registration Rights Agreement (Interactive Flight Technologies Inc)

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