Common use of Conflict with Underwriting Agreement Clause in Contracts

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement will control.

Appears in 38 contracts

Samples: Investors’ Rights Agreement (Basis Global Technologies, Inc.), Investors’ Rights Agreement (Basis Global Technologies, Inc.), Investors’ Rights Agreement (Couchbase, Inc.)

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Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement will shall control.

Appears in 8 contracts

Samples: Adoption Agreement (Lpath, Inc), Registration Rights Agreement (Rimage Corp), Registration Rights Agreement (Vintage Capital Group, LLC)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution provisions contained in the any underwriting agreement entered into in connection with the underwritten public offering are in any Underwritten Offering conflict with the foregoing provisionsforegoing, the provisions in the of such underwriting agreement will shall control.

Appears in 7 contracts

Samples: Registration Rights Agreement (Allegheny Energy Inc), Registration Rights Agreement (Internet Commerce Corp), Registration Rights Agreement (Internet Commerce Corp)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement will control; provided, however, that the failure of the underwriting agreement to address a provision addressed in this agreement shall not be such a conflict.

Appears in 3 contracts

Samples: Joinder Agreement, Joinder Agreement (Aquantia Corp), Joinder Agreement (Aquantia Corp)

Conflict with Underwriting Agreement. Notwithstanding the ------------------------------------ foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering sale of Registrable Securities effected pursuant to a registration statement filed pursuant hereto are in conflict with the foregoing provisions, the provisions in the underwriting agreement will shall control.

Appears in 3 contracts

Samples: Registration Rights Agreement (Velocityhsi Inc), S Rights Agreement (Velocityhsi Inc), Registration Rights Agreement (Velocityhsi Inc)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into by the Company and a Holder in connection with the an underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement will controlshall control with respect to the Company and such Holder.

Appears in 2 contracts

Samples: Registration Rights Agreement (Intrepid Potash, Inc.), Registration Rights Agreement (Intrepid Potash, Inc.)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the any underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement will control.

Appears in 2 contracts

Samples: Omnibus Stockholders’ Agreement (Arbios Systems Inc), Omnibus Stockholders’ Agreement (Arbios Systems Inc)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisionsprovisions of Section 1.7, the provisions in the underwriting agreement will control; provided, however, that to the extent such underwriting agreement does not address a matter addressed by this Agreement, that failure to address such matter shall not be deemed a conflict between the provisions of this Agreement and the underwriting agreement.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Calera Capital Management IV Inc)

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Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution provisions contained in the any underwriting agreement entered into in connection with any Underwritten Offering in which the underwritten public offering are in Stockholders participate, conflict with the foregoing provisionsforegoing, the provisions in the of such underwriting agreement will shall control.

Appears in 1 contract

Samples: Registration Rights Agreement (Kroll Inc)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution provisions contained in the any underwriting agreement entered into in connection with any Underwritten Offering in which the underwritten public offering are in Stockholder participates, conflict with the foregoing provisionsforegoing, the provisions in the of such underwriting agreement will shall control.

Appears in 1 contract

Samples: Registration Rights Agreement (Internet Commerce Corp)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to To the extent that the provisions on indemnification and contribution contained in the an underwriting agreement entered into in connection with the underwritten public offering are in a Registration conflict with the foregoing provisionsthis Article 7, the provisions in the underwriting agreement will shall control.

Appears in 1 contract

Samples: Registration Rights Agreement (Asante Technologies Inc)

Conflict with Underwriting Agreement. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in of the underwriting agreement will shall control.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Myos Rens Technology Inc.)

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