Common use of Piggyback Right Clause in Contracts

Piggyback Right. Subject to the terms of this paragraph 5, if at any time during the Exercise Period the Company proposes to register shares of Common Stock for public sale in a firm commitment underwriting for its own account under a Form S-0, Xxxx X-0 or Form S-3 registration statement filed with the Securities and Exchange Commission (the "Commission"), the Company will give the Holder notice of such proposed registration at least twenty (20) calendar days prior to the filing of a registration statement. At the written request of the Holder delivered to the Company within seven (7) calendar days after the receipt of the notice from the Company, which request will state the Holder's intent to sell all of the Warrant Shares then owned by the Holder, the Company will use its reasonable efforts to register such Warrant Shares under the same registration statement otherwise being filed by the Company. The Company will use reasonable efforts to cause such registration to become and remain effective so long as the Company keeps such registration effective as to such other Common Stock being sold for the account of the Company. All Warrant Shares registered pursuant to this paragraph 5 must be offered for sale in the public offering by the same underwriter or underwriters that are offering the other shares of the Common Stock being registered. The Company may withdraw the registration statement at any time before it becomes effective or postpone the offering without obligation to or the consent of the Holder.

Piggyback Right. Subject to the terms of this paragraph 5, if at any time during the Exercise Period the Company proposes to register shares of Common Stock for public sale in a firm commitment underwriting for its own account under a Form S-0, Xxxx X-0 or Form S-3 registration statement filed with the Securities and Exchange Commission (the "Commission"), the Company will give the Holder notice of such proposed registration at least twenty (20) calendar days prior to the filing of a registration statement. At the written request of the Holder delivered to the Company within seven (7) calendar days after the receipt of the notice from the Company, which request will state the Holder's intent to sell all of the Warrant Shares then owned by the Holder, the Company will use its reasonable efforts to register such Warrant Shares under the same registration statement otherwise being filed by the Company. The Company will use reasonable efforts to cause such registration to become and remain effective so long as the Company keeps such registration effective as to such other Common Stock being sold for the account of the Company. All Warrant Shares registered pursuant to this paragraph 5 must be offered for sale in the public offering by the same underwriter under- writer or underwriters that are offering the other shares of the Common Stock being registered. The Company may withdraw the registration statement at any time before it becomes effective or postpone the offering without obligation to or the consent of the Holder.