Common use of Selection of Managing Underwriters Clause in Contracts

Selection of Managing Underwriters. In the event Selling Shareholder has requested an underwritten offering, the underwriter or underwriters shall be selected by Selling Shareholder and shall be approved by ASTI, which approval shall not be unreasonably withheld or delayed, ASTI and Selling Shareholder shall enter into an underwriting agreement with such underwriter or underwriters containing representations, warranties and indemnities in customary form, provided, (i) that all of the representations and warranties by, and the other agreements on the part of, ASTI to and for the benefit of such underwriters shall also be made to and for the benefit of Selling Shareholder, (ii) that any or all of the conditions precedent to the obligations of such underwriters under such underwriting agreement shall be conditions precedent to the obligations of Selling Shareholder and (iii) that Selling Shareholder shall not be required to make any representations or warranties to or agreements with ASTI or the underwriters other than representations, warranties or agreements regarding Selling Shareholder and the Registrable Securities held by Selling Shareholder and any other representations required by law.

Appears in 4 contracts

Samples: Registration Rights Agreement (Ascent Solar Technologies, Inc.), Registration Rights Agreement (Ascent Solar Technologies, Inc.), Registration Rights Agreement (Norsk Hydro a S A)

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Selection of Managing Underwriters. In the event Selling Shareholder has requested an underwritten offering, the underwriter or underwriters shall be selected by Selling Shareholder and shall be approved by ASTIthe Company, which approval shall not be unreasonably withheld or delayed, ASTI the Company and Selling Shareholder shall enter into an underwriting agreement with such underwriter or underwriters containing representations, warranties and indemnities in customary form, provided, (i) that all of the representations and warranties by, and the other agreements on the part of, ASTI the Company to and for the benefit of such underwriters shall also be made to and for the benefit of Selling Shareholder, (ii) that any or all of the conditions precedent to the obligations of such underwriters under such underwriting agreement shall be conditions precedent to the obligations of Selling Shareholder and (iii) that Selling Shareholder shall not be required to make any representations or warranties to or agreements with ASTI the Company or the underwriters other than representations, warranties or agreements regarding Selling Shareholder and the Registrable Securities held by Selling Shareholder and any other representations required by law.

Appears in 2 contracts

Samples: Registration Rights Agreement (Ascent Solar Technologies, Inc.), Registration Rights Agreement (Ascent Solar Technologies, Inc.)

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Selection of Managing Underwriters. In the event Selling Shareholder has requested an underwritten offering, the underwriter or underwriters shall be selected by Selling Shareholder and shall be approved by ASTIIvanhoe, which approval shall not be unreasonably withheld or delayed, ASTI Ivanhoe and Selling Shareholder shall enter into an underwriting agreement with such underwriter or underwriters containing representations, warranties and indemnities in customary form, provided, (i) that all of the representations and warranties by, and the other agreements on the part of, ASTI Ivanhoe to and for the benefit of such underwriters shall also be made to and for the benefit of Selling Shareholder, (ii) that any or all of the conditions precedent to the obligations of such underwriters under such underwriting agreement shall be conditions precedent to the obligations of Selling Shareholder Shareholder, and (iii) that Selling Shareholder shall not be required to make any representations or warranties to or agreements with ASTI Ivanhoe or the underwriters other than representations, warranties or agreements regarding Selling Shareholder and the Registrable Securities held by Selling Shareholder and any other representations required by law.

Appears in 2 contracts

Samples: Registration Rights Agreement (Rio Tinto PLC), Registration Rights Agreement (Rio Tinto PLC)

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