Common use of Sale of Preferred Stock to Underwriter Clause in Contracts

Sale of Preferred Stock to Underwriter. Notwithstanding any provision in this Agreement to the contrary, in lieu of converting any Convertible Securities prior to the filing of any Registration Statement filed pursuant to this Agreement, the holder of such Convertible Securities may sell such Convertible Securities to the underwriters of the offering being Registered upon the undertaking of such underwriters to convert the Convertible Securities on or prior to the closing date of the offering. The Company agrees to cause the Common Stock issuable on the conversion of the Convertible Securities to be issued within such time period as will permit the underwriters to make and complete the distribution contemplated by the underwriting.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Sonendo, Inc.), Investors’ Rights Agreement (Sonendo, Inc.), Investors’ Rights Agreement (GLAUKOS Corp)

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Sale of Preferred Stock to Underwriter. Notwithstanding any provision in this Agreement to the contrary, in lieu of converting any Convertible Securities Preferred Stock prior to the filing of any Registration Statement filed pursuant to this Agreement, the holder of such Convertible Securities Preferred Stock may sell such Convertible Securities Preferred Stock to the underwriters of the offering being Registered upon the undertaking of such underwriters to convert the Convertible Securities Preferred Stock on or prior to the closing date of the offering. The If and when the Preferred Stock are converted in accordance with their applicable terms and conditions, the Company agrees to cause the Common Stock issuable on the conversion of the Convertible Securities Preferred Stock to be issued within such time period as will permit the underwriters to make and complete the distribution contemplated by the underwriting.

Appears in 2 contracts

Samples: Investor Rights Agreement (Conatus Pharmaceuticals Inc), Investor Rights Agreement (Conatus Pharmaceuticals Inc)

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Sale of Preferred Stock to Underwriter. Notwithstanding any provision in of this Agreement to the contrary, in lieu of converting any Convertible Securities shares of Preferred Stock prior to the filing of any Registration Statement registration statement filed pursuant to this Agreement, the holder of such Convertible Securities shares may sell such Convertible Securities shares of Preferred Stock to the underwriters of the offering being Registered registered upon the undertaking of such underwriters to convert the Convertible Securities on or prior Preferred Stock to Common Stock, each such step to be effective at the closing date of the offering. The In such event, the Company agrees to cause the Common Stock issuable on the conversion of the Convertible Securities Preferred Stock to be issued within such time period as will permit the underwriters to make and complete the distribution contemplated by the underwriting.

Appears in 1 contract

Samples: Registration Rights Agreement (Rosetta Stone Inc)

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