Section 2(a)(11) Underwriter Sample Clauses

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Section 2(a)(11) Underwriter. The Partnership will not name a Holder as an underwriter as defined in Section 2(a)(11) of the Securities Act in any Shelf Registration Statement without such Holder’s consent. If the staff of the SEC requires the Partnership to name any Holder as an underwriter as defined in Section 2(a)(11) of the Securities Act, and such Holder does not consent thereto, then such Holder’s Registrable Securities shall not be included on such Shelf Registration Statement, such Holder shall no longer be entitled to receive Liquidated Damages under this Agreement with respect to such Holder’s Registrable Securities and the Partnership shall have no further obligations hereunder with respect to Registrable Securities held by such Holder, unless such Holder has not had an opportunity to conduct customary underwriter’s due diligence (including receipt of comfort letters and opinions of counsel) with respect to the Partnership at the time such Holder’s consent is sought.
Section 2(a)(11) Underwriter. Parent will not name a Stockholder as an underwriter as defined in Section 2(a)(11) of the Securities Act in any Shelf Registration Statement without such Stockholder’s consent. If the staff of the SEC requires Parent to name any Stockholder as an underwriter as defined in Section 2(a)(11) of the Securities Act, and such Stockholder does not consent thereto, then such Stockholder’s Registrable Securities shall not be included on such Shelf Registration Statement, such Stockholder shall no longer be entitled to receive Liquidated Damages with respect to such Stockholder’s Registrable Securities and Parent shall have no further obligations hereunder with respect to Registrable Securities held by such Stockholder, unless such Stockholder has not had an opportunity to conduct customary underwriter’s due diligence (including receipt of comfort letters and opinions of counsel) with respect to Parent at the time such Stockholder’s consent is sought.