Common use of Action to be Taken by the Holders Clause in Contracts

Action to be Taken by the Holders. Any written request to exercise registration rights pursuant to paragraphs (a) or (b) of this Section 10 shall contain, as applicable, (i) a description of the proposed plan of distribution of the Registrable Securities, including the name of any underwriters, the amounts underwritten and any material relationship between any proposed underwriter and the Company, (ii) the full name of the Holder, the number of Warrants, Registrable Securities and other securities of the Company owned by such Holder and the number proposed to be registered and (iii) a description of any position, office or other material relationship which the Holder has had within the past three (3) years with the Company or any of its predecessors or affiliates. In addition, in connection with the registration of Registrable Securities in accordance with paragraphs (a), (b) or (c) of this Section 10, the Company's obligation shall be conditioned as to each such public offering upon a timely receipt by the Company in writing of: (i) information as to participating Holders (to the extent required by the Rules and Regulations) and the terms of such public offering furnished by or on behalf of each Holder intending to make a public offering of such Holder's Registrable Securities; (ii) such other information as the Company may reasonably require from such Holders, or any underwriter for any of them, for inclusion in such Registration Statement; and (iii) all documents reasonably requested by any underwriter in connection with the offering and any other documents customary in similar offerings, signed and delivered by such Holder, including, without limitation, underwriting agreements, custody agreements, powers of attorney, indemnification agreements, and agreements restricting other sales of securities.

Appears in 2 contracts

Samples: Warrant Agreement (Vion Pharmaceuticals Inc), Warrant Agreement (Vion Pharmaceuticals Inc)

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Action to be Taken by the Holders. Any written request to exercise registration rights pursuant to paragraphs (a) or (b) of this Section 10 shall contain, as applicable, (i) a description of the proposed plan of distribution of the Registrable Securities, including the name of any underwriters, the amounts underwritten and any material relationship between any proposed underwriter and the Company, (ii) the full name of the Holder, the number of Warrants, Registrable Securities and other securities of the Company owned by such Holder and the number proposed to be registered and (iii) a description of any position, office office, or other material relationship which the Holder has had within the past three (3) years with the Company or any of its predecessors or affiliates. In addition, in connection with the registration of Registrable Securities in accordance with paragraphs (a), (b) or (c) of this Section 10, the Company's obligation shall be conditioned as to each such public offering upon a timely receipt by the Company in writing of: (i) information Information as to participating Holders (to the extent required by the Rules and Regulations) and the terms of such public offering furnished by or on behalf of each Holder intending to make a public offering of such Holder's Registrable Securities; (ii) such Such other information as the Company may reasonably require from such Holders, or any underwriter for any of them, for inclusion in such Registration Statement; and (iii) all All documents reasonably requested by any underwriter in connection with the offering and any other documents customary in similar offerings, signed and delivered by such Holder, including, without limitation, underwriting agreements, custody agreements, powers of attorney, indemnification agreements, and agreements restricting other sales of securities.

Appears in 2 contracts

Samples: Warrant Agreement (Somanetics Corp), Warrant Agreement (Somanetics Corp)

Action to be Taken by the Holders. Any written request to exercise registration rights pursuant to paragraphs (a) or (b) of this Section 10 shall contain, as applicable, (i) a description of the proposed plan of distribution of the Registrable Securities, including the name of any underwriters, the amounts underwritten and any material relationship between any proposed underwriter and the Company, (ii) the full name and address of the Holder, the number of Warrants, Registrable Securities and other securities of the Company owned by such Holder and the number proposed to be registered and (iii) a description of any position, office office, or other material relationship which the Holder has had within the past three (3) years with the Company or any of its predecessors or affiliates. In addition, in connection with the registration of Registrable Securities in accordance with paragraphs (a), (b) or (c) of this Section 10, the Company's obligation shall be conditioned as to each such public offering upon a timely receipt by the Company in writing of: (i) information Information as to participating Holders (to the extent required by the Rules and Regulations) and the terms of such public offering furnished by or on behalf of each Holder intending to make a public offering of such Holder's Registrable Securities; (ii) such Such other information as the Company may reasonably require from such Holders, or any underwriter for any of them, for inclusion in such Registration Statement; and (iii) all All documents reasonably requested by any underwriter in connection with the offering and any other documents customary in similar offerings, signed and delivered by such Holder, including, without limitation, underwriting agreements, custody agreements, powers of attorney, indemnification agreements, and agreements restricting other sales of securities.

Appears in 1 contract

Samples: Warrant Agreement (C2i Solutions Inc)

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Action to be Taken by the Holders. Any written request to exercise registration rights pursuant to paragraphs (a) or (b) of this Section 10 shall contain, as applicable, (i) a description of the proposed plan of distribution of the Registrable Securities, including the name of any underwriters, the amounts underwritten and any material relationship between any proposed underwriter and the Company, (ii) the full name of the Holder, the number of Warrants, Registrable Securities and other securities of the Company owned by such Holder and the number proposed to be registered and (iii) a description of any position, office or other material relationship which the Holder has had within the past three (3) years with the Company or any of its predecessors or affiliates. In addition, in connection with the registration of Registrable Securities in accordance with paragraphs (a), (b) or (c) of this Section 10, the Company's obligation shall be conditioned as to each such public offering upon a timely receipt by the Company in writing of: (i) information as to participating Holders (to the extent required by the Rules and Regulations) and the terms of such public offering furnished by or on behalf of each Holder intending to make a public offering of such Holder's Registrable Securities; (ii) such other information as the Company may reasonably require from such Holders, or any underwriter for any of them, for inclusion in such Registration Statementregistration statement; and (iii) all documents reasonably requested by any underwriter in connection with the offering and any other documents customary in similar offerings, signed and delivered by such Holder, including, without limitation, underwriting agreements, custody agreements, powers of attorney, indemnification agreements, and agreements restricting other sales of securities.

Appears in 1 contract

Samples: Warrant Agreement (Women First Healthcare Inc)

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