Equitable Considerations; Etc. The Company and the holders of Registrable Securities agree that it would not be just and equitable if contribution pursuant to this Section 8 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.
Appears in 8 contracts
Samples: Registration Rights Agreement, Stockholders’ Agreement (Nevro Corp), Registration Rights Agreement (Nevro Corp)
Equitable Considerations; Etc. The Company and the holders of Registrable Securities agree that it would not be just and equitable if contribution pursuant to this Section 8 Article IX were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.
Appears in 3 contracts
Samples: Registration Rights Agreement (Natural Grocers by Vitamin Cottage, Inc.), Registration Rights Agreement (Fresh Market, Inc.), Registration Rights Agreement (Fresh Market, Inc.)
Equitable Considerations; Etc. The Company and the holders of Registrable Securities agree that it would not be just and equitable if contribution pursuant to this Section 8 9 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.
Appears in 3 contracts
Samples: Registration Rights Agreement (Visionary Systems, Inc.), Registration Rights Agreement (Corautus Genetics Inc), Registration Rights Agreement (Hyatt Hotels Corp)
Equitable Considerations; Etc. The Company and the holders of Registrable Securities Stockholder agree that it would not be just and equitable if contribution pursuant to this Section 8 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.
Appears in 2 contracts
Samples: Registration Rights Agreement (Scholar Rock Holding Corp), Registration Rights Agreement
Equitable Considerations; Etc. The Company and the holders of Registrable Securities Stockholder agree that it would not be just and equitable if contribution pursuant to this Section 8 9 were determined by pro rata allocation or by any other method of allocation which does not take into account the equitable considerations referred to in the immediately preceding paragraph. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.
Appears in 1 contract
Samples: Registration Rights Agreement (Jounce Therapeutics, Inc.)
