Common use of Participation in Underwritten Offers Clause in Contracts

Participation in Underwritten Offers. No Holder or other Person who otherwise has a right to participate in any underwritten offering in connection with a Demand Registration or a Piggyback Registration shall be entitled to so participate unless such Person (i) agrees to sell its securities on the basis provided in any underwriting arrangements applicable to all stockholders who participate therein (including so-called "lock-up" arrangements); and (ii) completes and executes all questionnaires, powers of attorney, indemnities, underwriting agreements and other documents reasonably required under the terms of such underwriting arrangements and this Agreement; provided, that in the case of any Demand Registration, the Majority Selling Holders shall have the right to determine those arrangements by agreement with the managing underwriter(s) as provided in Section 2.06(a).

Appears in 2 contracts

Samples: Investment Agreement (Wc Capital LLC), Investment Agreement (Datawatch Corp)

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Participation in Underwritten Offers. No Holder Investor or other Person who otherwise has a right to participate in any underwritten offering in connection with a Demand Registration or a Piggyback Registration shall be entitled to so participate unless such Person (i) agrees to sell its securities on the basis provided in any underwriting arrangements applicable to all stockholders who participate therein (including so-called "lock-up" arrangements); ) and (ii) completes and executes all questionnaires, powers of attorney, indemnities, underwriting agreements and other documents reasonably required under the terms of such underwriting arrangements and this Agreement; provided, that in the case of any Demand Registration, the Majority Selling Holders Investors shall have the right to determine those arrangements by agreement with the managing underwriter(s) as provided in Section 2.06(a).

Appears in 1 contract

Samples: Securities Purchase Agreement (TPG Advisors Iii Inc)

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Participation in Underwritten Offers. No Holder Investor or other ----------- ------------------------------------ Person who otherwise has a right to participate in any underwritten offering in connection with a Demand Registration or a Piggyback Registration shall be entitled to so participate unless such Person (i) agrees to sell its securities on the basis provided in any underwriting arrangements applicable to all stockholders who participate therein (including so-called "lock-up" arrangements); ) and (ii) completes and executes all questionnaires, powers of attorney, indemnities, underwriting agreements and other documents reasonably required under the terms of such underwriting arrangements and this Agreement; provided, that in the case of any Demand Registration, the Majority Selling Holders -------- Investors shall have the right to determine those arrangements by agreement with the managing underwriter(s) as provided in Section 2.06(a2.6(a). .

Appears in 1 contract

Samples: Investor Rights Agreement (Convergent Communications Inc /Co)

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