Restrictions on Public Sale by Holders. Each Holder agrees, if requested in writing by: (i) the managing underwriter or underwriters in an underwritten primary offering of equity securities of the Company made pursuant to the Securities Act; or (ii) the principal placement agent or agents in any offering of equity securities to be effected by the Company pursuant to an exemption from registration under the Securities Act; not to effect any public sale or distribution of any Registrable Securities, including a sale pursuant to Rule 144 (or any successor provision) under the Securities Act (except to the extent included in any such offering or distribution pursuant to Sections 2.1 or 3.1), during the period starting with the date 15 days prior to and ending on the date 90 days after the closing date of any such offering, sale or distribution; provided that, with respect to a given offering of securities, (x) each other Holder is similarly restricted and (y) each director and executive officer (including any "key" employees) of the Company agrees in writing to identical restrictions.
Appears in 2 contracts
Samples: Registration Rights Agreement (Lodgian Inc), Registration Rights Agreement (Lodgian Inc)
Restrictions on Public Sale by Holders. Each Holder agrees, if requested in writing by:
(i) the managing underwriter or underwriters in an underwritten primary offering of equity securities of the Company made pursuant to the Securities Act; or
(ii) the principal placement agent or agents in any offering of equity securities to be effected by the Company pursuant to an exemption from registration under the Securities Act; not to effect any public sale or distribution of any Registrable Securities, including a sale pursuant to Rule 144 (or any successor provision) under the Securities Act (except to the extent included in any such offering or distribution pursuant to Sections 2.1 or 3.13,1), during the period starting with the date 15 days prior to and ending on the date 90 days after the closing date of any such offering, sale or distribution; provided that, with respect to a given offering of securities, (x) each other Holder is similarly restricted and (y) each director and executive officer (including any "key" employees) of the Company agrees in writing to identical restrictions.
Appears in 2 contracts
Samples: Registration Rights Agreement (Lodgian Inc), Registration Rights Agreement (Lodgian Inc)