Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to Section 6, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.2. The right of any Holder to participate in any such offering pursuant to Section 6 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 3 contracts
Samples: Information and Registration Rights Agreement, Information and Registration Rights Agreement (ConforMIS Inc), Information and Registration Rights Agreement (ConforMIS Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 6, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.2. The right of any Holder to participate in any such offering pursuant to Section 6 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting6.
Appears in 3 contracts
Samples: Information and Registration Rights Agreement, Information and Registration Rights Agreement (Com21 Inc), Series a Preferred Stock Purchase Agreement (Microcide Pharmaceuticals Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 67, and the Company shall include such information in the written notice referred to in Section 6.1 7.1 or 6.27.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 7 shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 3 contracts
Samples: Information and Registration Rights Agreement (Biomimetic Therapeutics, Inc.), Information and Registration Rights Agreement (Concur Technologies Inc), Investor Rights Agreement (Personify Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 63.1, and the Company shall include such information in the written notice referred to in Section 6.1 3.1.1 or 6.23.1.3. The In such event, the right of any Holder to participate in any such offering Registration pursuant to Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Investor Rights Agreement (Conatus Pharmaceuticals Inc), Investor Rights Agreement (Conatus Pharmaceuticals Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 62, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.2Sections 2.1 and 2.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 2 shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Registration Rights Agreement (Southwall Technologies Inc /De/), Registration Rights Agreement (Southwall Technologies Inc /De/)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by the request by means of an underwriting, they shall so advise the Company Company, as a part of their request made pursuant to Section 6this Article II, and the Company shall include such information in the written notice referred to in Section 6.1 2.1(a) or 6.2(c). The right of any Holder to participate in any such offering Registration pursuant to this Section 6 2.1 shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Senior Registration Rights Agreement (Airnet Communications Corp), Senior Registration Rights Agreement (Airnet Communications Corp)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request made pursuant to this Section 3 by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to Section 6request, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.2Sections 3.1 and 3.2. The right of any Holder to participate in any such offering Registration pursuant to Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s eligible Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Investor Rights Agreement (Jazz Pharmaceuticals Inc), Investor Rights Agreement (Jazz Pharmaceuticals Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 67, and the Company shall include such information in the written notice referred to in Section 6.1 7.1 or 6.27.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 7 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Information and Registration Rights Agreement (Nextest Systems Corp), Information and Registration Rights Agreement (Nextest Systems Corp)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company Company, as a part of their request made pursuant to this Section 63.1, and the Company shall include such information in the written notice referred to in Section 6.1 3.1.1 or 6.23.1.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Investor Rights Agreement (Evoke Pharma Inc), Investor Rights Agreement (Evoke Pharma Inc)
Notice of Underwriting. If the Initiating Holders or requesting Holders under Section 3.1(c) intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company Company, as a part of their request made pursuant to this Section 63.1, and the Company shall include such information in the written notice referred to in Section 6.1 3.1(a) or 6.23.1(c). The right of any Holder to participate in any such offering Registration pursuant to Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Sonendo, Inc.), Investors’ Rights Agreement (Sonendo, Inc.)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 6, and the Company shall include such information in the written notice referred to in Section Sections 6.1 or and 6.2. The right of any Holder to participate in any such offering Registration pursuant to Section 6 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Investor Rights Agreement (Everbridge, Inc.), Investor Rights Agreement (Everbridge, Inc.)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 63, and the Company shall include such that information in the written notice referred to in Section 6.1 3.1 or 6.23.2 of this Agreement, as applicable. The right of any Holder to participate in any such offering Registration pursuant to this Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such the underwriting and the inclusion of such that Holder’s Registrable Securities in the underwritingunderwriting to the extent provided herein.
Appears in 2 contracts
Samples: Registration Rights Agreement (Simcere Pharmaceutical Group), Registration Rights Agreement (BJB Career Education Company, LTD)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company Company, as a part of their request made pursuant to this Section 63.1.1, and the Company shall include such information in the written notice referred to in Section 6.1 3.1.1 or 6.23.1.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (GLAUKOS Corp), Investors’ Rights Agreement (GLAUKOS Corp)
Notice of Underwriting. If in a Registration under Sections 1.5(a) or 1.5(c) the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 61.5, and the Company shall include such information in the written notice referred to in Section 6.1 Sections 1.5(a) or 6.21.5(c). The right of any Holder to participate in any such offering Registration pursuant to Section 6 1.5 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Loyalty Alliance Enterprise Corp), Investors’ Rights Agreement (Loyalty Alliance Enterprise Corp)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 6, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.26.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Corus Pharma Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 6, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.25. The right of any Holder to participate in any such offering Registration pursuant to Section 6 5 shall be conditioned upon such Holder’s Xxxxxx's agreement to participate in such underwriting and the inclusion of such Holder’s Xxxxxx's Registrable Securities in the underwriting.
Appears in 1 contract
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 6, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.26.1. The right of any Holder to participate in any such offering Registration pursuant to Section 6 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Synageva Biopharma Corp)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by the request by means of an underwriting, they shall so advise the Company Company, as a part of their request made pursuant to Section 6this Article II, and the Company shall include such information in the written notice referred to in Section 6.1 2.1(a) or 6.2(c). The right of any Holder to participate in any such offering Registration pursuant to this Section 6 2.1 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Senior Registration Rights Agreement (SCP Private Equity Partners Ii Lp)
Notice of Underwriting. If the Initiating Holders intend to ---------------------- distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 67, and the Company shall include such information in the written notice referred to in Section 6.1 7.1 or 6.27.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 7 shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Investor Rights Agreement (Ebay Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 67, and the Company shall 8 include such information in the written notice referred to in Section 6.1 7.1 or 6.27.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 7 shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Concur Technologies Inc)
Notice of Underwriting. If the Initiating Holders with respect to a request for Registration pursuant to Section 2.1 or the Holder or Holders requesting Registration pursuant to Section 2.2 intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 62, and the Company shall include such information in the written notice referred to in Section 6.1 2.1 or 6.22.2, as the case may be. The right of any Holder to participate in any such offering Registration pursuant to Section 6 2 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Notice of Underwriting. If the Initiating Holders intend Holder intends to distribute the Registrable Securities covered by its request by means of an underwritingUnderwritten Offering, they such Initiating Holder shall so advise the Company as a part of their its request made pursuant to this Section 62, and the Company shall include such information in the written notice to other Holders referred to in Section 6.1 or 6.22.1. The right of any Holder to participate join in any such offering Registration pursuant to this Section 6 2 shall be conditioned upon such Holder’s agreement to participate in such underwriting and Underwritten Offering to the inclusion of such Holder’s Registrable Securities extent provided in the underwritingthis Section 2.4.
Appears in 1 contract
Samples: Registration Rights Agreement (Cellu Tissue Holdings, Inc.)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of in their request made pursuant to this Section 69, and the Company shall include such that information in the written notice referred to in Section 6.1 9.2 or 6.29.3. The In such a case, the right of any Holder to participate in any such offering Registration pursuant to this Section 6 9 shall be conditioned upon such that Holder’s agreement to participate in such the underwriting and the inclusion of such that Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company Company, as a part of their request made pursuant to Section 63.1.1, and the Company shall include such information in the written notice referred to in Section 6.1 3.1.1 or 6.23.1.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Investor Rights Agreement (Cadence Pharmaceuticals Inc)
Notice of Underwriting. If the Initiating Holders intend to ---------------------- distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 6, and the Company shall include such information in the written notice referred to in Section 6.1 6(a) or 6.26(c). The right of any Holder to participate in any such offering Registration pursuant to Section 6 shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Natus Medical Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, then they shall so advise the Company as a part of their request made pursuant to this Section 62, and the Company shall include such that information in the written notice referred to in Section 6.1 or 6.2. The right of any Holder to participate in any such offering pursuant to Section 6 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.2.1 or
Appears in 1 contract
Samples: Registration Rights Agreement (GCL Silicon Technology Holdings Inc.)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 63, and the Company shall include such that information in the written notice referred to in Section 6.1 or 6.23 of this Agreement, as applicable. The right of any Holder to participate in any such offering Registration pursuant to this Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such the underwriting and the inclusion of such that Holder’s Registrable Securities in the underwritingunderwriting to the extent provided herein.
Appears in 1 contract
Samples: Registration Rights Agreement (Charm Communications Inc.)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 62, and the Company shall include such that information in the written notice referred to in Section 6.1 2.1 or 6.22.2 of this Agreement, as applicable. The right of any Holder Shareholder to participate in any such offering Registration pursuant to this Section 6 2 shall be conditioned upon such HolderShareholder’s agreement to participate in such the underwriting and the inclusion of such Holderthat Shareholder’s Registrable Securities or securities of the Company other than Registrable Securities, as the case may be, in the underwritingunderwriting to the extent provided herein.
Appears in 1 contract
Samples: Registration Rights Agreement (Camelot Information Systems Inc.)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their Registration pursuant to Section 4.1 or 4.2 by means of an underwriting, they shall so advise the Company as a part of their request made pursuant notice to Section 6the Company, and the Company shall include such that information in the written notice referred to in Section 6.1 or 6.2the other Holders. The right of any Holder to participate in any such offering Registration pursuant to Section 6 4.1 or 4.2 shall be conditioned upon such that Holder’s agreement to participate in such the underwriting and the inclusion of such that Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Investor Rights Agreement (Tivo Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 63, and the Company shall include such that information in the written notice referred to in Section 6.1 3.1 or 6.23.2 of this Agreement, as applicable. The right of any Holder to participate in any such offering Registration pursuant to this Section 6 3 shall be conditioned upon such Holder’s 's agreement to participate in such the underwriting and the inclusion of such that Holder’s 's Registrable Securities in the underwritingunderwriting to the extent provided herein.
Appears in 1 contract
Samples: Registration Rights Agreement (Solarfun Power Holdings Co., Ltd.)
Notice of Underwriting. If the Initiating a Holder or Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 65, and the Company shall include such information in the written notice referred to in Section 6.1 5.1 or 6.25.2. The right of any Holder to participate in any such offering Registration pursuant to Section 6 5 shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 1 contract
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 6, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.26.3 of this Agreement. The right of any Holder to participate in any such offering Registration pursuant to Section 6 of this Agreement shall be conditioned upon such Holder’s 's agreement to participate in such underwriting and the inclusion of such Holder’s 's Registrable Securities in the underwriting.
Appears in 1 contract
Notice of Underwriting. If the Initiating Holders, the Initiating Series D Holders or the Initiating Series E Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company Company, as a part of their request made pursuant to Section 63.1.1, and the Company shall include such information in the written notice referred to in Section 6.1 3.1.1 or 6.23.1.3. The right of any Holder to participate in any such offering Registration pursuant to Section 6 3 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their demand registration request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 68, and the Company shall include such that information in the written notice referred to in Section 6.1 8.1 or 6.28.2 of this Agreement. The right of any Holder to participate in any such offering Registration pursuant to this Section 6 8 shall be conditioned upon such that Holder’s agreement to participate in such the underwriting and the inclusion of such that Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Shareholder Agreements (E-Commerce China Dangdang Inc.)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request made pursuant to this Section 6 by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to Section 6request, and the Company shall include such information in the written notice referred to in Section Sections 6.1 or and 6.2. The right of any Holder to participate in any such offering Registration pursuant to Section 6 shall be conditioned upon such Holder’s agreement to participate in such underwriting and the inclusion of such Holder’s eligible Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Investor Rights Agreement (Jazz Pharmaceuticals Inc)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 67, and the Company shall include such that information in the written notice referred to in Section 6.1 7.2 or 6.27.3 of this Agreement. The right of any Holder to participate in any such offering Registration pursuant to this Section 6 7 shall be conditioned upon such that Holder’s 's agreement to participate in such the underwriting and the inclusion of such that Holder’s 's Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Shareholder Agreement (China Finance Online Co. LTD)
Notice of Underwriting. If the Initiating Holders intend to distribute the Registrable Securities covered by their request by means of an underwriting, they shall so advise the Company as a part of their request made pursuant to this Section 62, and the Company shall include such information in the written notice referred to in Section 6.1 or 6.22.1. The right rights of any Holder or other person to participate in any such offering Registration pursuant to Section 6 2 shall be conditioned upon such Holder’s person's agreement to participate in such underwriting and the inclusion of such Holder’s Registrable Securities in the underwriting.
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Bentley Systems Inc)