Common use of Form S-3 Underwriting Procedures Clause in Contracts

Form S-3 Underwriting Procedures. If a majority-in-interest, on an as-converted to Common Stock basis, of the S-3 Initiating Holders so elect, the Company shall use its commercially reasonable efforts to cause such S-3 Registration pursuant to this Section 2.3 to be in the form of a firm commitment underwritten offering with one or more investment banking firms of national reputation to act as the managing Underwriter or Underwriters. In connection with any S-3 Registration under Section 2.3(a) involving an underwritten offering, the Company shall not be required to include any Registrable Securities in such underwritten offering unless the Holders thereof accept the terms of the underwritten offering as agreed upon between the Company, the managing Underwriter or Underwriters and a majority-in-interest, on an as-converted to Common Stock basis, of the S-3 Initiating Holders, and then only in such quantity as set forth below.

Form S-3 Underwriting Procedures. If a majority-in-interest, on an as-converted to Common Stock basis, of the S-3 Initiating Holders so elect, the Company shall use its commercially reasonable efforts to cause such S-3 Registration pursuant to this Section 2.3 to be in the form of a firm commitment underwritten offering with one or more investment banking firms of national reputation to act as the managing Underwriter or Underwriters. In connection with any S-3 Registration under Section 2.3(a) involving an underwritten offering, the Company shall not be required to include any Registrable Securities in such underwritten offering unless the Holders thereof accept the terms of the underwritten offering o ffering as agreed upon between the Company, the managing Underwriter or Underwriters and a majority-in-interest, on an as-converted to Common Stock basis, of the S-3 Initiating Holders, and then only in such quantity as set forth below.