Common use of Incidental Underwritten Offerings Clause in Contracts

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 19 contracts

Samples: Common Stock Purchase Agreement (Asia Premium Television Group), Registration Rights Agreement (Caneum Inc), Registration Rights Agreement (China for-Gen Corp.)

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Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 2.3.2.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities the Investor as provided in Section 3.1 2.3.2.1 and subject to the provisions of Section 3.22.3.2.3, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder the Investor among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Findex Com Inc), Registration Rights Agreement (Findex Com Inc)

Incidental Underwritten Offerings. If the Company at any time ----------------------------------- proposes to register any of its securities under the 1933 Act as contemplated by Section Paragraph 3.1 hereof and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities the Investor as provided in Section Paragraph 3.1 and subject to the provisions of Section 3.2Paragraph 3.2 hereof, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder the Investor among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Barron Partners Lp), Stock Purchase Agreement (Cyber Public Relations Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Rapid Link Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any the holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor the holder of Registrable Securities be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Vein Associates of America Inc)

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Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 1.2 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 1.2 and subject to the provisions of Section 3.21.3 and Section 1.4, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Corgenix Medical Corp/Co)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 2.1 and such securities are to be distributed by or through one or more underwriters, the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 2.1 and subject to the provisions of Section 3.22.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Broadcast International Inc)

Incidental Underwritten Offerings. If the Company at any time proposes to register any of its securities under the 1933 Act as contemplated by Section 3.1 and such securities are to be distributed by or through one or more underwriters, underwriters the Company will, if requested by any holder of Registrable Securities as provided in Section 3.1 and subject to the provisions of Section 3.2, use its commercially reasonable best efforts to arrange for such underwriters to include all the Registrable Securities to be offered and sold by such holder among the securities to be distributed by such underwriters. In no event shall any Investor be deemed an underwriter for purposes of this Agreement.

Appears in 1 contract

Samples: Registration Rights Agreement (Enucleus Inc)

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