Common use of Selection of Bankers and Counsel Clause in Contracts

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c) involves an underwritten offering, the Company shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 3 contracts

Samples: Registration Rights Agreement (Amplify Energy Corp.), Registration Rights Agreement (AFG Holdings, Inc.), Registration Rights Agreement (Midstates Petroleum Company, Inc.)

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Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c2(b) involves an underwritten offering, the Company shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 2 contracts

Samples: Registration Rights Agreement (FTS International, Inc.), Form of Registration Rights Agreement (FTS International, Inc.)

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c) involves an underwritten offering, the Company shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, right to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Neothetics, Inc.)

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c) involves an underwritten offering, the Company shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwritersunderwriter.

Appears in 1 contract

Samples: Registration Rights Agreement (Nii Holdings Inc)

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c2(d) involves an underwritten offering, the Company shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Stockholders Agreement

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c10.1(b) involves an underwritten offering, the Company shall have the right, in consultation with the Holders of Members holding a Majority of Included Registrable Securities included in such underwritten offering, to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Internap Corp)

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c4.2(b) involves an underwritten offering, the Company shall have the right, in consultation with the Holders Stockholders holding a majority of a Majority of Included Registrable Securities included in such underwritten offering, to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Shareholders’ Agreement (Audacy, Inc.)

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c2(b) involves an underwritten offering, the Company shall have the right, in consultation with subject to the approval of the Holders of a Majority of Included Registrable Securities included in such underwritten offeringoffering (which shall not be unreasonably withheld, conditioned or delayed), to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Registration Rights Agreement (Corsair Gaming, Inc.)

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Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c6(b) involves an underwritten offering, the Company Corporation shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Shareholders’ Agreement (Cano Health, Inc.)

Selection of Bankers and Counsel. If a Piggyback Registration or Company Shelf Takedown Public Offering pursuant to this Section 2(c) 2.3 involves an underwritten offering, the Company shall have the right, in consultation with the Holders holding a majority of a Majority of Included the Registrable Securities to be included in such underwritten offering, to (Ai) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (Bii) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwritersunderwriter.

Appears in 1 contract

Samples: Registration Rights Agreement (Peabody Energy Corp)

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c7(b) involves an underwritten offering, the Company Corporation shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, right to (A) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (B) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Stockholders’ Agreement (Endo, Inc.)

Selection of Bankers and Counsel. If a Piggyback Registration pursuant to this Section 2(c) 6.02 involves an underwritten offering, the Company shall have the right, in consultation with the Holders of a Majority of Included Registrable Securities included in such underwritten offering, to (Ai) determine the plan of distribution, including the price at which the Registrable Securities are to be sold and the underwriting commissions, discounts and fees and (Bii) select the investment banker or bankers and managers to administer the offering, including the lead managing underwriter or underwriters.

Appears in 1 contract

Samples: Stockholders Agreement

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