Common use of Inclusion of Shares by Company Clause in Contracts

Inclusion of Shares by Company. If the managing underwriter for an underwritten offering has not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by the Investor which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the Investor. In the event that the underwriters exclude some of the securities to be registered, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities held by the Investor.

Appears in 2 contracts

Samples: Registration Rights Agreement (I Link Inc), Registration Rights Agreement (Medcross Inc)

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Inclusion of Shares by Company. If the managing underwriter for an underwritten offering has not limited the number of Registrable Securities Shares to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if (i) the number of Registrable Securities held by the Investor Shares which would otherwise have been included in such registration and underwriting will not thereby be limitedlimited and (ii) the offering price for the Registrable Shares which would otherwise have been included in such registration and underwriting will not be adversely affected. The inclusion of such shares shall be on the same terms as the registration of shares held by the InvestorRegistrable Shares. In the event that the underwriters exclude some of the securities to be registered, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities held by the InvestorShares.

Appears in 2 contracts

Samples: Registration Rights Agreement (Cityxpress Com Corp), Registration Rights Agreement (Cityxpress Com Corp)

Inclusion of Shares by Company. If the managing underwriter for an underwritten offering has ------------------------------ not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by the Investor Initiating Holders which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the InvestorInitiating Holders. In the event that the underwriters exclude some of the securities to be registered, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities held by the InvestorSecurities.

Appears in 1 contract

Samples: Investors' Rights Agreement (Auto by Tel Corp)

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Inclusion of Shares by Company. If the managing underwriter for an underwritten offering has not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by the Investor Initiating Holders which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the InvestorInitiating Holders. In the event that the underwriters exclude some of the securities to be registered, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities held by the InvestorSecurities.

Appears in 1 contract

Samples: Investors' Rights Agreement (Autobytel Com Inc)

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