Common use of Notice of Underwritten Offering Clause in Contracts

Notice of Underwritten Offering. If the Registration of which the Company gives notice is for an Underwritten Offering commenced at the election of the Company, the Company shall so advise the Holder as part of the written notice given pursuant to Section 13(a). In such event, the right of the Holder to Registration shall be conditioned upon there being an Underwritten Offering, and the inclusion of the Holder’s Registrable Securities in such Registration and Underwritten Offering to the extent provided in and in compliance with this Section 13. If Holder proposes to distribute its securities through such Underwritten Offering, Holder shall (together with the Company and any other holders distributing securities through such underwriting) enter into an underwriting agreement containing the terms and conditions agreed to by the Company. Possession of this Warrant alone shall give the Holder no right to participate in the selection of underwriters for an offering pursuant to this Section 13(b).

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (DG FastChannel, Inc), Common Stock Purchase Warrant (DG FastChannel, Inc)

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Notice of Underwritten Offering. If the Registration of which the Company gives notice is for an Underwritten Offering underwritten offering commenced at the election of the CompanyCompany (and not pursuant to the exercise of rights pursuant to Section 7.1 hereof), the Company shall so advise the Holder Holders as a part of the written notice given pursuant to Section 13(a7.2(a). In such event, the right of the any Holder to Registration shall be conditioned upon there being an Underwritten Offeringunderwritten offering, and the inclusion of the such Holder’s 's Registrable Securities in such Registration and Underwritten Offering underwritten offering to the extent provided in and in compliance with this Section 137.2. If Holder proposes All Holders proposing to distribute its their securities through such Underwritten Offering, Holder underwritten offering shall (together with the Company and any other holders distributing securities through such underwriting) enter into an underwriting agreement containing the terms and conditions agreed to by the Company. Possession of this Warrant alone The Holders shall give the Holder have no right to participate in the selection of underwriters for an offering pursuant to this Section 13(b)7.2.

Appears in 1 contract

Samples: Securities Purchase Agreement (Disaboom, Inc.)

Notice of Underwritten Offering. If the Registration of which the Company gives notice is for an Underwritten Offering commenced at the election of the Company, the Company shall so advise the Holder as part of the written notice given pursuant to Section 13(a). In such event, the right of the Holder to Registration shall be conditioned upon there being an Underwritten Offering, and the inclusion of the Holder’s 's Registrable Securities in such Registration and Underwritten Offering to the extent provided in and in compliance with this Section 13. If Holder proposes to distribute its securities through such Underwritten Offering, Holder shall (together with the Company and any other holders distributing securities through such underwriting) enter into an underwriting agreement containing the terms and conditions agreed to by the Company. Possession of this Warrant alone shall give the Holder no right to participate in the selection of underwriters for an offering pursuant to this Section 13(b).

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Ginsburg Scott K)

Notice of Underwritten Offering. If the Registration of which the Company gives notice is for an Underwritten Offering commenced at the election of the CompanyCompany (and not pursuant to the exercise of rights pursuant to SECTION 2 hereof), the Company shall so advise the Holder Holders as a part of the written notice given pursuant to Section 13(aSECTION 3(a). In such event, the right of the any Holder to Registration shall be conditioned upon there being an Underwritten Offering, and the inclusion of the such Holder’s 's Registrable Securities in such Registration and Underwritten Offering to the extent provided in and in compliance with this Section 13SECTION 3. If Holder proposes All Holders proposing to distribute its their securities through such Underwritten Offering, Holder Offering shall (together with the Company and any other holders distributing securities through such underwriting) enter into an underwriting agreement containing the terms and conditions agreed to by the Company. Possession of this Warrant alone The Holders shall give the Holder have no right to participate in the selection of underwriters for an offering pursuant to this Section 13(b)SECTION 3.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Good Guys Inc)

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Notice of Underwritten Offering. If the Registration of which the Company gives notice is for an Underwritten Offering commenced at the election of the CompanyCompany (and not pursuant to the exercise of rights pursuant to Section 2 hereof), the Company shall so advise the Holder Holders as a part of the written notice given pursuant to Section 13(a2.1(b). In such event, the right of the any Holder to Registration shall be conditioned upon there being an Underwritten Offering, and the inclusion of the such Holder’s 's Registrable Securities in such Registration and Underwritten Offering to the extent provided in and in compliance with this Section 133. If Holder proposes All Holders proposing to distribute its their securities through such Underwritten Offering, Holder Offering shall (together with the Company and any other holders distributing securities through such underwriting) enter into an underwriting agreement containing the terms and conditions agreed to by the Companydescribed in Section 2.4. Possession of this Warrant alone The Holders shall give the Holder have no right to participate in the selection of underwriters for an offering pursuant to this Section 13(b)Section.

Appears in 1 contract

Samples: Registration Rights Agreement (Tice Technology Inc)

Notice of Underwritten Offering. If the Registration of which the Company gives notice is for an Underwritten Offering commenced at the election of the CompanyCompany (and not pursuant to the exercise of rights pursuant to SECTION 2 hereof), the Company shall so advise the Holder Holders as a part of the written notice given pursuant to Section 13(aSECTION 3(A). In such event, the right of the any Holder to Registration shall be conditioned upon there being an Underwritten Offering, and the inclusion of the such Holder’s 's Registrable Securities in such Registration and Underwritten Offering to the extent provided in and in compliance with this Section 13SECTION 3. If Holder proposes All Holders proposing to distribute its their securities through such Underwritten Offering, Holder Offering shall (together with the Company and any other holders distributing securities through such underwriting) enter into an underwriting agreement containing the terms and conditions agreed to by the Company. Possession of this Warrant alone The Holders shall give the Holder have no right to participate in the selection of underwriters for an offering pursuant to this Section 13(b)SECTION 3.2.

Appears in 1 contract

Samples: Registration Rights Agreement (Unifab International Inc)

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