Common use of Selling Holders Obligations Clause in Contracts

Selling Holders Obligations. (a) It shall be a condition precedent to the obligations of the Company to take any action pursuant to this Section 9 with respect to the Registrable Securities of any Selling Holder that such Selling Holder shall: (i) Furnish to the Company such information regarding such Selling Holder, the number of Registrable Securities owned by it, and the intended method of disposition of such securities as shall be required to effect the registration of such Selling Holder's Registrable Securities, and to cooperate with the Company in preparing such registration; and (ii) Agree to sell their Registrable Securities to the underwriters at the same price and on substantially the same terms and conditions as the Company or the other Persons on whose behalf the registration statement was being filed have agreed to sell their securities, and to execute the underwriting agreement agreed to by the Majority Selling Holders (in the case of a registration under Section 9.2) or the Company and the Majority Selling Holders (in the case of a registration under Section 9.3). (b) Each Selling Holder shall notify the Company of any sales of such Selling Holder's shares registered for sale pursuant to this Section 9; provided, however, it is understood that any failure so to notify the Company shall not be deemed a default hereunder or to subject any Selling Holder to any claim for damages or expenses whatsoever.

Appears in 6 contracts

Samples: Warrant Agreement (Norand Corp /De/), Warrant Agreement (Norand Corp /De/), Warrant Agreement (Norand Corp /De/)

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Selling Holders Obligations. (a) It shall be a condition precedent to the obligations of the Company to take any action pursuant to this Section 9 with respect to the Registrable Securities of any Selling Holder that such Selling Holder shall: (i) Furnish to the Company such information regarding such Selling Holder, the number of Registrable Securities owned by it, and the intended method of disposition of such securities as shall be required to effect the registration of such Selling Holder's Registrable Securities, and to cooperate with the Company in preparing such registration; and (ii) Agree to sell their Registrable Securities to the underwriters at the same price and on substantially the same terms and conditions as the Company or the other Persons on whose behalf the registration statement was being filed have agreed to sell their securities, and to execute the underwriting agreement agreed to by the Majority Selling Holders (in the case of a registration under Section 9.2) or the Company and the Majority Selling Holders (in the case of a registration under Section 9.3). (b) Each Selling Holder shall notify the Company of any sales of such Selling Holder's shares registered for sale pursuant to this Section 9; provided, however, it is -40- 44 understood that any failure so to notify the Company shall not be deemed a default hereunder or to subject any Selling Holder to any claim for damages or expenses whatsoever.

Appears in 1 contract

Samples: Warrant Agreement (Norand Corp /De/)

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Selling Holders Obligations. (a) It shall be a condition precedent to the obligations of the Company to take any action pursuant to this Section 9 with respect to the Registrable Securities of any Selling Holder that such Selling Holder shall: (i) Furnish to the Company such information regarding such Selling Holder, the number of Registrable Securities owned by it, and the intended method of disposition of such securities as shall be required to effect the registration of such Selling Holder's Registrable Securities, and to cooperate with the Company in preparing such registration; and and (ii) Agree to sell their Registrable Securities to the underwriters at the same price and on substantially the same terms and conditions as the Company or the other Persons on whose behalf the registration statement was being filed have agreed to sell their securities, and to execute the underwriting agreement agreed to by the Majority Selling Holders (in the case of a registration under Section 9.2) or the Company and the Majority Selling Holders (in the case of a registration under Section 9.3). (b) Each Selling Holder shall notify the Company of any sales of such Selling Holder's shares registered for sale pursuant to this Section 9; provided, however, it is understood that any failure so to notify the Company shall not be deemed a default hereunder or to subject any Selling Holder to any claim for damages or expenses whatsoever.-40-

Appears in 1 contract

Samples: Warrant Agreement (Norand Corp /De/)

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