Common use of Incidental Underwritten Offerings Clause in Contracts

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 21 contracts

Samples: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Registration Rights Agreement (Windsortech Inc), Registration Rights Agreement (Windsortech Inc)

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Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 17 contracts

Samples: Registration Rights Agreement (Caneum Inc), Common Stock Purchase Agreement (Asia Premium Television Group), Registration Rights Agreement (Broadcast International Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Securities Act as contemplated by Section 3.1 2.2 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 2.2 and subject to the provisions of Section 3.22.2(i), use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 6 contracts

Samples: Registration Rights Agreement (Dial Thru International Corp), Registration Rights Agreement (Avitar Inc /De/), Registration Rights Agreement (Avitar Inc /De/)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Securities Act as contemplated by Section 3.1 2.2 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 2.2 and subject to the provisions of Section 3.22.2(a), use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 4 contracts

Samples: Registration Rights Agreement (American International Petroleum Corp /Nv/), Registration Rights Agreement (American International Petroleum Corp /Nv/), Registration Rights Agreement (American International Petroleum Corp /Nv/)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Securities Act as contemplated by Section 3.1 2.2 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities the Security Holder as provided in Section 3.1 2.2 and subject to the provisions of Section 3.22.2(a), use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 3 contracts

Samples: Registration Rights Agreement (Apollo Resources International Inc), Registration Rights Agreement (Imperial Petroleum Inc), Registration Rights Agreement (Prosofttraining Com)

Incidental Underwritten Offerings. If the Company at any time ----------------------------------- proposes to register any of its securities under the 1933 Act as contemplated by Section Paragraph 3.1 hereof and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities the Investor as provided in Section Paragraph 3.1 and subject to the provisions of Section 3.2Paragraph 3.2 hereof, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder the Investor among the securities to be distributed by such underwriters.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Barron Partners Lp), Stock Purchase Agreement (Cyber Public Relations Inc)

Incidental Underwritten Offerings. If the Company at any time proposes ------------------------------------ to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 2 contracts

Samples: Registration Rights Agreement (Entech Environmental Technologies Inc), Registration Rights Agreement (Entech Environmental Technologies Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 2.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 2.1 and subject to the provisions of Section 3.22.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Broadcast International Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 1 contract

Samples: Registration Rights Agreement (PDG Environmental Inc)

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Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, underwriters the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 1 contract

Samples: Registration Rights Agreement (Enucleus Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any the holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall the holder of Registrable Securities be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Vein Associates of America Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.3.1..

Appears in 1 contract

Samples: Form of Registration Rights Agreement (Shea Development Corp.)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 1.2 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 1.2 and subject to the provisions of Section 3.21.3 and Section 1.4, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters.

Appears in 1 contract

Samples: Form of Registration Rights Agreement (Corgenix Medical Corp/Co)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Rapid Link Inc)

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