Common use of Selection of Underwriter Clause in Contracts

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser participates in a Company Registration and related offering pursuant to Section 4.13(b), Purchaser shall enter into, and sell its Registrable Securities only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect Purchaser's participation in the offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form and substance appropriate for the purpose of effecting Purchaser's participation in the Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser disapproves of the features of the Company Registration and related offering, Purchaser may withdraw therefrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten days prior to the effectiveness of the applicable registration statement and the Registrable Securities of Purchaser shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser participates Purchasers participate in a Company Registration and related offering pursuant to Section 4.13(b)offering, Purchaser Purchasers shall enter into, and sell its Registrable Securities only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect Purchaser's Purchasers’ participation in the offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form and substance appropriate for the purpose of effecting Purchaser's Purchasers’ participation in the Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser disapproves Purchasers disapprove of the features of the Company Registration and related offering, Purchaser Purchasers or such individual Purchaser, as the case may be, may withdraw therefrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten days prior to the effectiveness of the applicable registration statement and the Registrable Securities of Purchaser Purchasers shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser the Investor participates in a Company Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser the Investor shall enter into, and sell its Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect Purchaserthe Investor's participation in the offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting Purchaserthe Investor's participation in the Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser the Investor disapproves of the features of the Company Registration and related offering, Purchaser the Investor may withdraw therefrom there from (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser the Investor shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser Happas participates in a Company Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser Happas shall enter into, and sell its Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserHappas's participation in the offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting PurchaserHappas's participation in the Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser Happas disapproves of the features of the Company Registration and related offering, Purchaser Happas may withdraw therefrom there from (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser Happas shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser Haught participates in a Company ix x Xxmpany Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser Haught shall enter intoinxx, and xxd sell its her Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserHaught's participation in the participatiox xx xxx offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting PurchaserHaught's participation in the participatiox xx xxx Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser disapproves of the Haught disapprovex xx xhe features of the Company Registration and related offering, Purchaser Haught may withdraw therefrom txxxx xrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser Haught shall thereupon thereupox be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser Vohra participates in a Company x Xxmpany Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser Vohra shall enter intointx, and xxd sell its her Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserVohra's participation in the xx xxx offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting PurchaserVohra's participation in the xx xxx Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser Vohra disapproves of the xx xhe features of the Company Registration and related offering, Purchaser Vohra may withdraw therefrom thxxx xrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser Vohra shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser Keppler participates in a Company xx x Xxmpany Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser Keppler shall enter intoixxx, and xxd sell its his Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserKeppler's participation in the participatixx xx xxx offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting PurchaserKeppler's participation in the participatixx xx xxx Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser disapproves of the Keppler disapprovxx xx xhe features of the Company Registration and related offering, Purchaser Keppler may withdraw therefrom xxxxx xrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser Keppler shall thereupon thexxxxxx be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser Haught participates in a Company ix x Xxmpany Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser Haught shall enter intoinxx, and xxd sell its his Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserHaught's participation in the participatiox xx xxx offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting PurchaserHaught's participation in the participatiox xx xxx Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser disapproves of the Haught disapprovex xx xhe features of the Company Registration and related offering, Purchaser Haught may withdraw therefrom txxxx xrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser Haught shall thereupon thereupox be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser participates in a Company Gullickson participatex xx x Xxxpany Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser Gullickson shall enter intoexxxx xxxx, and sell its his Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserGullickson's participation in the participaxxxx xx xxx offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting PurchaserGullickson's participation in the participaxxxx xx xxx Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser Gullickson disapproves of the features xx xxx xxatures of the Company Registration and related offering, Purchaser Gullickson may withdraw therefrom withdrax xxxxx xxom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser Gullickson shall thereupon be withdrawn therexxxx xx xxthdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser Lynch participates in a Company x Xxmpany Registration and related offering pursuant to Section 4.13(b)2.1, Purchaser Lynch shall enter intointx, and xxd sell its her Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserLynch's participation in the xx xxx offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting PurchaserLynch's participation in the xx xxx Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser Lynch disapproves of the xx xhe features of the Company Registration and related offering, Purchaser Lynch may withdraw therefrom thxxx xrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser Lynch shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser the Investor participates in a Company Registration and related offering pursuant to Section 4.13(b)3.1, Purchaser the Investor shall enter into, and sell its Registrable Securities Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect Purchaserthe Investor's participation in the offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form inform and substance appropriate for the purpose of effecting Purchaserthe Investor's participation in the Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser the Investor disapproves of the features of the Company Registration and related offering, Purchaser the Investor may withdraw therefrom there from (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten (10) days prior to the effectiveness of the applicable registration statement and the Registrable Securities Shares of Purchaser the Investor shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Registration and related offering shall be managed by the Company; the Company shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser the Holder participates in a Company Registration and related offering pursuant to Section 4.13(b)offering, Purchaser the Holder shall enter into, and sell its Registrable Securities Warrant Shares only pursuant to, the underwriting arranged by the Company, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect Purchaser's the Holder’s participation in the offering and to provide any assurances reasonably requested by the Company and the managing underwriter(s) in that regard, or shall deliver to the Company in custody certificates representing all Registrable Securities Warrant Shares to be included in the registration and shall execute and deliver to the Company a custody agreement and a power of attorney, each in form and substance appropriate for the purpose of effecting Purchaser's the Holder’s participation in the Company Registration and related offering and otherwise reasonably satisfactory to the Company. If Purchaser the Holder disapproves of the features of the Company Registration and related offering, Purchaser the Holder may withdraw therefrom (in whole or part) by written notice to the Company and the managing underwriter(s) delivered no later than ten days prior to the effectiveness of the applicable registration statement and the Registrable Securities Warrant Shares of Purchaser the Holder shall thereupon be withdrawn from such registration.

Selection of Underwriter. Any Company Purchaser Registration and related offering shall be managed by the Company; the Company Purchaser. The Purchaser shall have the power to select the managing underwriter(s) for such offering, and shall in consultation with the managing underwriter(s) have the power to determine the offering price, the underwriting discounts and commissions, the terms of the underwriting agreement and, the timing of the registration and related offering. To the extent that Purchaser Seller participates in a Company Purchaser Registration and related offering pursuant to Section 4.13(b)offering, Purchaser Seller shall enter into, and sell its Registrable Securities only pursuant to, the underwriting arranged by the CompanyPurchaser, and shall either commit to attend the closing of the offering and take such other actions as may be reasonably necessary to effect PurchaserSeller's participation in the offering and to provide any assurances reasonably requested by the Company Purchaser and the managing underwriter(s) in that regard, or shall deliver to the Company Purchaser in custody certificates representing all Registrable Securities to be included in the registration and shall execute and deliver to the Company Purchaser a custody agreement and a power of attorney, each in form and substance appropriate for the purpose of effecting PurchaserSeller's participation in the Company Purchaser Registration and related offering and otherwise reasonably satisfactory to the CompanyPurchaser. If Purchaser Seller disapproves of the features of the Company Purchaser Registration and related offering, Purchaser Seller may withdraw therefrom (in whole or part) by written notice to the Company Purchaser and the managing underwriter(s) delivered no later than ten days prior to the effectiveness of the applicable registration statement and the Registrable Securities of Purchaser Seller shall thereupon be withdrawn from such registration.