Underwriting Agreement Controls. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 32 contracts
Samples: Investors’ Rights Agreement (Cerebras Systems Inc.), Investors’ Rights Agreement (Cerebras Systems Inc.), Investors’ Rights Agreement (BioAge Labs, Inc.)
Underwriting Agreement Controls. Notwithstanding In the foregoing, to event of any conflict between the extent that the provisions on indemnification and contribution contained terms as herein set forth and as set forth in the any underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisionspursuant hereto, the provisions in the underwriting agreement shall control.
Appears in 12 contracts
Samples: Investor Rights Agreement (Corautus Genetics Inc), Registration Rights Agreement (Corautus Genetics Inc), Registration Rights Agreement (Quintiles Transnational Corp)
Underwriting Agreement Controls. Notwithstanding In the foregoing, to event of any conflict between the extent that the provisions on indemnification and contribution contained terms as herein set forth and as set forth in the any underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisionspursuant hereto, the provisions in the underwriting agreement shall control.
Appears in 3 contracts
Samples: Investor Agreement (Koninklijke Philips Electronics Nv), Investor Agreement (Veeco Instruments Inc), Investor Agreement (Fei Co)
Underwriting Agreement Controls. Notwithstanding the foregoingforegoing provisions of this Section 7, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 3 contracts
Samples: Registration Rights Agreement (Wynn Resorts LTD), Registration Rights Agreement (Wynn Resorts LTD), Registration Rights Agreement (Wynn Stephen A)
Underwriting Agreement Controls. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control; provided, however, that the failure of the underwriting agreement to provide for or address a matter provided for or addressed by the foregoing provisions shall not be a conflict with the foregoing provisions and, in such event, the foregoing provisions shall control.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Progyny, Inc.), Investors’ Rights Agreement (Progyny, Inc.)
Underwriting Agreement Controls. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 2 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement (ChinaEdu CORP)
Underwriting Agreement Controls. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control unless such provision(s) conflict with the indemnity provisions contained herein, in which case the indemnity provisions contained herein shall control.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Gitlab Inc.), Investors’ Rights Agreement (Gitlab Inc.)
Underwriting Agreement Controls. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall will control.
Appears in 1 contract
Underwriting Agreement Controls. Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering Public Offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 1 contract