Terms of Underwriting. In connection with any offering under this Section 2.02 involving an underwriting for the Company’s account, the Company shall not be required to include a holder’s Registrable Securities in the underwritten offering if, after the Company consults with such holder and considers such holder’s positions in good faith, such holder refuses to agree to the terms of the underwriting as agreed upon between the Company and the lead or co-managing underwriter(s) whether secured by the Company or otherwise.
Appears in 4 contracts
Samples: Registration Rights Agreement (Ribbon Communications Inc.), Registration Rights Agreement (Insys Therapeutics, Inc.), Registration Rights Agreement (Sonus Networks, Inc.)
Terms of Underwriting. In connection with any offering Underwritten Offering under this Section 2.02 involving an underwriting for the Company’s account2.4, the Company shall not be required to include a holder’s Registrable Securities in the underwritten offering if, after the Company consults with such Underwritten Offering unless such holder and considers such holder’s positions in good faith, such holder refuses to agree to accepts the terms of the underwriting as agreed upon between the Company and the lead or co-managing underwriter(s) whether secured underwriters selected by the Company or otherwiseCompany, provided that any such underwriting agreement includes only customary terms and conditions.
Appears in 2 contracts
Samples: Stockholders Agreement (Crown Castle International Corp), Stockholders Agreement (Global Signal Inc)
Terms of Underwriting. In connection with any offering under this Section 2.02 2.2 involving an underwriting for the Company’s 's account, the Company shall not be required to include a holder’s 's Registrable Securities in the underwritten offering if, after the Company consults with unless such holder and considers such holder’s positions in good faith, such holder refuses to agree to accepts the terms of the underwriting as agreed upon between the Company and the lead or co-managing underwriter(s) whether secured underwriters selected by the Company or otherwiseCompany, provided that any such underwriting agreement includes only customary terms and conditions.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pinnacle Holdings Inc), Investor Agreement (Pinnacle Holdings Inc)
Terms of Underwriting. In connection with any offering under this Section Section 2.02 involving an underwriting for the Company’s account, the Company shall not be required to include a holder’s Registrable Securities in the underwritten offering if, after the Company consults with such holder and considers such holder’s positions in good faith, such holder refuses to agree to the terms of the underwriting as agreed upon between the Company and the lead or co-managing underwriter(s) whether secured by the Company or otherwise.
Appears in 1 contract
Samples: Registration Rights Agreement (Ribbon Communications Inc.)
Terms of Underwriting. In connection with any offering Underwritten Offering under this Section 2.02 involving an underwriting 2.2 for the Company’s 's account, the Company shall not be required to include a holder’s 's Registrable Securities in the underwritten offering if, after the Company consults with Underwritten Offering unless such holder and considers such holder’s positions in good faith, such holder refuses to agree to accepts the terms of the underwriting as agreed upon between the Company and the lead or co-managing underwriter(s) whether secured underwriters selected by the Company or otherwiseCompany; provided, that any such underwriting agreement includes only customary terms and conditions.
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