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

Form S-3 Underwriting Procedures. If the Requesting Holders of Registrable Securities to be registered pursuant to Section 3.2(a) holding a majority of all such Registrable Securities so elect, the Company shall use its reasonable best efforts to cause such S-3 Registration pursuant to this Section 3.2(b) to be in the form of a firm commitment underwritten offering and the Managing Underwriter selected for such offering shall be an investment banking firm of national reputation selected and obtained by the Company, acting through the Board of Directors. In connection with any S-3 Registration under this Section 3.2 involving an underwritten offering, the Company shall not be required to include any Registrable Securities in such underwritten offering unless the Participating Holders accept the terms of the underwritten offering as agreed upon between the Company, the Managing Underwriter and the S-3 Initiating Holders.

Form S-3 Underwriting Procedures. If the Requesting Company or the S-3 Initiating Holders of Registrable Securities to be registered pursuant to Section 3.2(a) holding a majority of all such the Registrable Securities held by all of the S-3 Initiating Holders to which the requested S-3 Registration relates so elect, the Company shall use its reasonable best efforts to cause such S-3 Registration pursuant to this Section 3.2(b) 5 to be in the form of a firm commitment underwritten offering and the Managing Underwriter managing underwriter or underwriters selected for such offering shall be an investment banking firm of national reputation the Approved Underwriter selected and obtained by the Company, acting through the Board of Directorsin accordance with Section 3(f). In connection with any S-3 Registration under this Section 3.2 5(a) involving an underwritten offering, the Company shall not be required to include any Registrable Securities in such underwritten offering unless the Participating Designated Holders thereof accept the terms of the underwritten offering as agreed upon between the Company, the Managing Approved Underwriter and the S-3 Initiating Holders.S-3

Form S-3 Underwriting Procedures. If the Requesting Company or the S-3 Initiating Holders of Registrable Securities to be registered pursuant to Section 3.2(a) holding a majority of all such the Registrable Securities held by all of the S-3 Initiating Holders to which the requested S-3 Registration relates so elect, the Company shall use its reasonable best commercial efforts to cause such S-3 Registration pursuant to this Section 3.2(b) 5 to be in the form of a firm commitment underwritten offering and the Managing Underwriter managing underwriter or underwriters selected for such offering shall be an investment banking firm of national reputation Approved Underwriter selected and obtained by the Company, acting through the Board of Directorsin accordance with Section 3(f). In connection with any S-3 Registration under this Section 3.2 5(a) involving an underwritten offering, the Company shall not be required to include any Registrable Securities in such underwritten offering unless the Participating Designated Holders thereof accept the terms of the underwritten offering as agreed upon between the Company, the Managing Approved Underwriter and the S-3 Initiating Holders.,