Common use of Underwritten Public Offering Clause in Contracts

Underwritten Public Offering. In the case of a registration pursuant to this Section 3 that is proposed to be underwritten, the Company shall enter into an underwriting agreement with an investment banking firm or firms 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 benefit plan, or registration in connection with any Rule 145 or similar transaction) during the period beginning seven days prior to and ending 90 days after the effectiveness of such registration, unless the underwriter or underwriters otherwise agree. Any registration pursuant to this Section 3 that is proposed to be underwritten shall be underwritten by an underwriter of nationally-recognized standing.