Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.4, the underwriting agreement into which each Selling Holder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriters. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling Holder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 15 contracts
Samples: Adoption Agreement (Vital Energy, Inc.), Purchase and Sale Agreement (Vital Energy, Inc.), Adoption Agreement (Mesa Air Group Inc)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.42.5, the underwriting agreement into which each Selling the Holder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriters. No Selling The Holder shall not be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling the Holder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by lawLaw.
Appears in 6 contracts
Samples: Adoption Agreement (Bonanza Creek Energy, Inc.), Adoption Agreement (Bonanza Creek Energy, Inc.), Agreement and Plan of Merger (HighPoint Resources Corp)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.42.5, the underwriting agreement into which each the Selling Holder Holders and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriters. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling Holder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by lawLaw.
Appears in 4 contracts
Samples: Adoption Agreement (Civitas Resources, Inc.), Adoption Agreement (Civitas Resources, Inc.), Membership Interest Purchase Agreement (Civitas Resources, Inc.)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.4, the underwriting agreement into which each Selling Holder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriters. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling Holder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 4 contracts
Samples: Registration Rights and Lock Up Agreement, Registration Rights Agreement (Parsley Energy, Inc.), Registration Rights and Lock Up Agreement (Parsley Energy, Inc.)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 2.02 or Section 2.42.04, the underwriting agreement into which each Selling Holder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article IIISection 2.10) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriters. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling Holder’s authority to enter into such underwriting agreement and to sell, and information provided by such Selling Holder for inclusion in the Registration Statement relating thereto and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 3 contracts
Samples: Registration Rights Agreement (Lilis Energy, Inc.), Registration Rights Agreement (Lilis Energy, Inc.), Securities Purchase Agreement (Lilis Energy, Inc.)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 2.02 or Section 2.42.04, the underwriting agreement into which each Selling Holder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article IIISection 2.10) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriters. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling Holder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 2 contracts
Samples: Registration Rights Agreement (Lilis Energy, Inc.), Credit Agreement (Lilis Energy, Inc.)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.42.02, the underwriting agreement into which each Selling Holder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article IIISection 2.09) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwritersunderwritten offerings. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties warranties, agreements or agreements indemnities regarding such Selling Holder, such Selling Holder’s title in the securities being registered on its behalf, the Selling Holder’s authority to enter into such underwriting agreement and to sell, and information provided by such Selling Holder for inclusion in the Registration Statement relating thereto and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 2 contracts
Samples: Registration Rights Agreement (Northern Oil & Gas, Inc.), Registration Rights Agreement (TRT Holdings Inc)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 2.02 or Section 2.42.04, the underwriting agreement into which each Selling Holder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriters. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling Holder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 2 contracts
Samples: Registration Rights Agreement (U.S. Well Services, Inc.), Merger and Contribution Agreement (Matlin & Partners Acquisition Corp)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 2.02 or Section 2.42.04, the underwriting agreement into which each Selling Holder and the Company Holdings shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings underwritten offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwriterssecurities. No Selling Holder shall be required to make any representations or warranties to or agreements with the Company Holdings or the underwriters other than representations, warranties or agreements regarding such Selling Holder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 1 contract
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.4, the underwriting agreement into which each Selling Holder the Seller and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company . The Seller shall be entitled to designate counsel for the underwriters. No Selling Holder shall not be required to make any representations or warranties to or agreements with the Company or the underwriters other than representations, warranties or agreements regarding such Selling Holderthe Seller’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution and any other representation required by law.
Appears in 1 contract
Samples: Registration Rights and Lock Up Agreement (Aviat Networks, Inc.)
Participation in Underwritten Offerings. (a) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.43.2, the underwriting agreement into which each Selling Holder such Shareholder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwritersUnderwriters. No Selling Holder Such Shareholder shall not be required to make any representations or warranties to or agreements with the Company or the underwriters Underwriters other than representations, warranties or agreements regarding such Selling HolderShareholder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution distribution, and any other representation required by law.
Appears in 1 contract
Participation in Underwritten Offerings. (a1) In connection with any Underwritten Offering contemplated by Section 2.2 or Section 2.43.2, the underwriting agreement into which each Selling Holder such Shareholder and the Company shall enter into shall contain such representations, covenants, indemnities (subject to Article III) and other rights and obligations as are customary in Underwritten Offerings of securities by the Company, and the Company shall be entitled to designate counsel for the underwritersUnderwriters. No Selling Holder Such Shareholder shall not be required to make any representations or warranties to or agreements with the Company or the underwriters Underwriters other than representations, warranties or agreements regarding such Selling HolderShareholder’s authority to enter into such underwriting agreement and to sell, and its ownership of, the securities being registered on its behalf, its intended method of distribution distribution, and any other representation required by law.
Appears in 1 contract