Underwritten Public Offering. If a Demand Registration is in the form of an underwritten offering, the Stockholder shall select the underwriter for such offering subject to the approval of the Company (which approval shall not be unreasonably withheld), and the Company shall enter into an underwriting agreement with such underwriter containing representations, warranties, indemnities and agreements then customarily included by an issuer in underwriting agreements with respect to secondary distributions. The Company shall not cause the registration under the Securities Act of any other shares of its Common Stock to become effective (other than registration of an employee stock plan, or registration in connection with any Rule 145 or similar transaction) during the effectiveness of a registration requested hereunder for an underwritten public offering if, in the judgment of the underwriter or underwriters, such registration would adversely affect the offering of the Registrable Securities subject to the Demand Registration.
Appears in 2 contracts
Sources: Registration Rights Agreement (Input Output Inc), Registration Rights Agreement (Input Output Inc)