Common use of Notice of Underwriting in Piggyback Registration Clause in Contracts

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Holders as a part of the written notice given pursuant to subsection 3.1. In such event the right of any Holder to Registration shall be conditioned upon such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting to the extent provided in this Section 3. All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering.

Appears in 2 contracts

Samples: Registration Rights Agreement (Itron Inc /Wa/), Registration Rights Agreement (Houston Industries Inc)

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Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Holders Shareholder as a part of the written notice given pursuant to subsection 3.1. In such event the right of any Holder Shareholder to Registration shall be conditioned upon such underwriting and the inclusion of such HolderShareholder's Registrable Securities in such underwriting to the extent provided in this Section 3. All Holders The Shareholder proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering.

Appears in 2 contracts

Samples: Registration Rights Agreement (Gargoyles Inc), Registration Rights Agreement (Gargoyles Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered registered public offering involving an underwritingunderwriting (other than the IPO), the Company shall so advise the Holders each Investor as a part of the written notice given pursuant to subsection 3.1Section 6.1. In such event event, the right of any Holder Investor to be included in the Registration shall be conditioned upon such underwriting and the inclusion of such HolderInvestor's Registrable Securities Conversion Shares in such underwriting to the extent provided in this Section 36. All Holders Investors proposing to distribute their securities through such underwriting shall (together with the Company and the other holders stockholders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriterunderwriter's Representative representative for such offering. The Investors shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 6.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Embarcadero Technologies Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Holders as a part of the written notice given pursuant to subsection 3.1Section 7.1. In such event event, the right of any Holder to Registration shall be conditioned upon such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting to the extent provided in this Section 37. All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering. The Holders shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 7.

Appears in 1 contract

Samples: Investors' Rights Agreement (Keynote Systems Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Holders as a part of the written notice given pursuant to subsection Section 3.1. In such event the right of any Holder to Registration shall be conditioned upon such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting to the extent provided in this Section 3. All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement in customary form with the Underwriter's Representative for such offering.. The

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Aerogen Inc)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Holders as a part of the written notice given pursuant to subsection 3.1Section 5.1. In such event event, the right of any Holder to Registration shall be conditioned upon such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting to the extent provided in this Section 35. All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering. The Holders shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 5.

Appears in 1 contract

Samples: Investor Rights Agreement (Cepheid)

Notice of Underwriting in Piggyback Registration. If the Registration registration of which the Company gives notice is for a Registered registered public offering involving an underwriting, the Company shall so advise the Holders as a part of the written notice given pursuant to subsection 3.1Section 7.1. In such event the right of any Holder to Registration registration shall be conditioned upon such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting to the extent provided in this Section 37. All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering. The Holders shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 7.

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Terayon Communication Systems)

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Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Holders as a part of the written notice given pursuant to subsection 3.1Section 2. In such event event, the right of any Holder to Registration shall be conditioned upon such underwriting and the inclusion of such Holder's Registrable Securities in such underwriting to the extent provided in this Section 3Agreement. All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the underwriter's representative for such offering (the "Underwriter's Representative Representative"). The Holders shall have no right to participate in the selection of the underwriters for such offeringan offering pursuant to this Agreement.

Appears in 1 contract

Samples: Piggyback Registration Rights Agreement (Imperial Petroleum Recovery Corp)

Notice of Underwriting in Piggyback Registration. If the Registration of which the Company gives notice is for a Registered public offering involving an underwriting, the Company shall so advise the Holders Stockholder as a part of the written notice given pursuant to subsection Section 3.1. In such event event, the right of any Holder the Stockholder to Registration shall be conditioned upon such underwriting and the inclusion of such Holderthe Stockholder's Registrable Securities in such underwriting to the extent provided in this Section 3. All Holders proposing If the Stockholder proposes to distribute their his securities through such underwriting underwriting, he shall (together with the Company and the any other holders distributing their securities through such underwriting) enter into an underwriting agreement in customary form with the representative of the Underwriter ("Underwriter's Representative Representative") for such offering. The Stockholder shall have no right to participate in the selection of underwriters for an offering pursuant to this Section.

Appears in 1 contract

Samples: Stock Restriction and Registration Rights Agreement (Omega Health Systems Inc)

Notice of Underwriting in Piggyback Registration. If the Registration registration of which the Company gives notice is for a Registered registered public offering involving an underwriting, the Company shall so advise the Holders Investor as a part of the written notice given pursuant to subsection 3.1Section 2(b)(1) hereof. In such event event, the right of any Holder the Investor to Registration have its Registrable Securities registered shall be conditioned upon such underwriting and the inclusion of such Holder's its Registrable Securities in such underwriting to the extent provided in this Section 32(b). All Holders The Investor proposing to distribute their securities its Registrable Securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriterunderwriter's Representative representative for such offering. The Investor shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 2(b).

Appears in 1 contract

Samples: Registration Rights Agreement (Access Integrated Technologies Inc)

Notice of Underwriting in Piggyback Registration. If the Registration registration of which the Company gives notice pursuant to Section 6.3(a) is for a Registered registered public offering involving an underwriting, then the Company shall so advise the Holders holders of Registrable Securities as a part of the written notice given pursuant to subsection 3.1Section 6.3(a). In such event event, the right of any Holder such holder to Registration registration shall be conditioned upon such underwriting and the inclusion of such Holderholder's Registrable Securities in such underwriting to the extent provided in this Section 3. All Holders proposing to distribute their securities through such underwriting shall (together with the Company and the other holders distributing their securities through such underwriting) enter into an underwriting agreement with the Underwriter's Representative for such offering.; provided that such holders of Registrable Securities shall have no right to participate in the selection of the underwriters for an offering pursuant to this Section 6.3(b)

Appears in 1 contract

Samples: Subscription Agreement (Augment Systems Inc)

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