Common use of Other Shares Clause in Contracts

Other Shares. Subject to Section 2.2(e) below, any Resale Registration Shelf may include Other Shares, and may include securities of the Company being sold for the account of the Company; provided such Other Shares are excluded first from such Registration Statement in order to comply with any applicable laws or request from any Government Entity, Nasdaq or any applicable listing agency.

Appears in 3 contracts

Samples: Registration Rights Agreement (Alexion Pharmaceuticals Inc), Registration Rights Agreement (Idera Pharmaceuticals, Inc.), Registration Rights Agreement (Synageva Biopharma Corp)

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Other Shares. Subject to Section 2.2(e) below, any Resale Registration Shelf or Prospectus may include Other Shares, and may include securities of the Company being sold for the account of the Company; provided provided, that such Other Shares are excluded first from such Registration Statement in order to comply with any applicable laws or request from any Government Entity, Nasdaq or any applicable listing agency. For the avoidance of doubt, no Other Shares may be included in an underwritten offering pursuant to Section 2.2 without the consent of the Investors.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement, Convertible Note Purchase Agreement (Kodiak Sciences Inc.)

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