Common use of Notice of Underwriting Clause in Contracts

Notice of Underwriting. If a holder of Registrable Securities intends to distribute the Registrable Securities covered by the holder's request by means of an underwriting, the holder shall so advise the Company as a part of the request made pursuant to this Section 2, and the Company shall include such information in the written notice referred to in Section 2(c).

Appears in 1 contract

Samples: Registration Rights Agreement (Jennifer Convertibles Inc)

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Notice of Underwriting. If a holder of Registrable Securities intends the Initiating Holders intend to distribute the Registrable Securities covered by the holder's their request by means of an underwriting, the holder they shall so advise the Company as a part of the their request made pursuant to this Section 26, and the Company shall include such information in the written notice referred to in Section 2(c)6.1 or 6.3 of this Agreement. The right of any Holder to Registration pursuant to Section 6 of this Agreement shall be conditioned upon such Holder's agreement to participate in such underwriting and the inclusion of such Holder's Registrable Securities in the underwriting.

Appears in 1 contract

Samples: Investors' Rights Agreement (Keynote Systems Inc)

Notice of Underwriting. If a holder of Registrable Securities the Shareholder intends to distribute the Registrable Securities covered by the holder's their request by means of an underwriting, the holder they shall so advise the Company as a part of the their request made pursuant to this Section 2, and the Company shall include such information in the written notice referred to in section 2. The right of the Shareholder to Registration pursuant to this Section 2(c).2 shall be conditioned upon

Appears in 1 contract

Samples: Registration Rights Agreement (Gargoyles Inc)

Notice of Underwriting. If the Initiating Holders with respect to a holder of Registrable Securities intends request for Registration pursuant to Section 2.1 or the Holder or Holders requesting Registration pursuant to Section 2.2 intend to distribute the Registrable Securities covered by the holder's their request by means of an underwriting, the holder they shall so advise the Company as a part of the their request made pursuant to this Section 2, and the Company shall include such information in the written notice referred to in Section 2(c)2.1 or 2.2, as the case may be. The right of any Holder to Registration pursuant to Section 2 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.

Appears in 1 contract

Samples: Registration Rights Agreement (Phenomix CORP)

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Notice of Underwriting. If a holder of Registrable Securities intends the Initiating Holders intend to distribute the Registrable Securities covered by the holder's their request by means of an underwriting, the holder they shall so advise the Company as a part of the their request made pursuant to this Section 24, and the Company shall include such information in the written notice referred to in Section 2(c)4.1 or 4.3. The right of any Holder to Registration pursuant to Section 4 shall be conditioned upon such Holder's agreement to participate in such underwriting and the inclusion of such Holder's Registrable Securities in the underwriting.

Appears in 1 contract

Samples: Investor Rights Agreement (Cepheid)

Notice of Underwriting. If a holder of Registrable Securities intends the Holders intend to distribute the Registrable Securities covered by the holder's their request by means of an underwriting, the holder they shall so advise the Company as a part of the their request made pursuant to this Section 2, and the Company shall include such information in the written notice referred to in Section 2(c)2.1 or 2.3, and the right of any Holder to Registration pursuant to Section 2 shall be conditioned upon such Holder's agreement to participate in such underwriting and the inclusion of such Holder's Registrable Securities in the underwriting.

Appears in 1 contract

Samples: Registration Rights Agreement (Aerogen Inc)

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