Underwriting Agreement to Control. Notwithstanding the foregoing provisions of this Section 2.4, to the extent that the provisions on indemnification and contribution contained in any underwriting agreement entered into in connection with the underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in such underwriting agreement shall control.
Appears in 6 contracts
Samples: Warrant Agreement (Diamond Multimedia Systems Inc), Warrant Agreement (Diamond Multimedia Systems Inc), Warrant Agreement (S3 Inc)
Underwriting Agreement to Control. Notwithstanding the foregoing provisions of this Section 2.4foregoing, to the extent that the provisions on indemnification and contribution contained in any the underwriting agreement entered into in connection with the an underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, as between the Corporation and the Holder, on the one hand, and the underwriter, on the other hand, the provisions in such the underwriting agreement shall control.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Exagen Inc.), Investors’ Rights Agreement (Exagen Diagnostics Inc), Investors’ Rights Agreement (Exagen Diagnostics Inc)
Underwriting Agreement to Control. Notwithstanding the foregoing provisions of this Section 2.46.5, to the extent that the provisions on indemnification and contribution contained in any underwriting agreement entered into in connection with the underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in such underwriting agreement shall control.
Appears in 3 contracts
Samples: Underwriting Agreement (Ingenex Inc), Underwriting Agreement (Quantum Epitaxial Designs Inc), Underwriting Agreement (Boston Biomedica Inc)
Underwriting Agreement to Control. Notwithstanding the foregoing --------------------------------- provisions of this Section 2.46.5, to the extent that the provisions on indemnification and contribution contained in any underwriting agreement entered into in connection with the underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in such underwriting agreement shall control.
Appears in 3 contracts
Samples: Co Branded Services Agreement (Netplex Group Inc), Warrant Agreement (Netplex Group Inc), Warrant Agreement (Netplex Group Inc)
Underwriting Agreement to Control. Notwithstanding the foregoing provisions of this the Section 2.46.5, to the extent that the provisions on indemnification and contribution contained in any underwriting agreement entered into in connection with the underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in such underwriting agreement shall control.
Appears in 3 contracts
Samples: Underwriting Agreement (Zevex International Inc), Warrant Agreement (Zevex International Inc), Warrant Agreement (Zevex International Inc)
Underwriting Agreement to Control. Notwithstanding the foregoing provisions of this Section 2.46.5, to the extent that the provisions on indemnification and contribution contained in any underwriting agreement entered into in connection with the underwritten public offering of the Registrable Securities are in conflict with shall supersede and replace the foregoing provisions, the provisions in such underwriting agreement shall control.
Appears in 2 contracts
Samples: Underwriting Agreement (Quantum Epitaxial Designs Inc), Underwriting Agreement (Quantum Epitaxial Designs Inc)
Underwriting Agreement to Control. Notwithstanding the foregoing provisions of this Section 2.4foregoing, to the extent that the provisions on indemnification and contribution contained in any the underwriting agreement entered into in connection with the underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in such the underwriting agreement shall control.
Appears in 2 contracts
Samples: Registration Rights Agreement (Avery Communications Inc), Merger Agreement (Bestnet Communications Corp)
Underwriting Agreement to Control. Notwithstanding the foregoing ---------------------------------- provisions of this Section 2.4, to the extent that the provisions on indemnification and contribution contained in any underwriting agreement entered into in connection with the underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in such underwriting agreement shall control.
Appears in 1 contract
Samples: Warrant Agreement (S3 Inc)
Underwriting Agreement to Control. Notwithstanding the foregoing provisions of this Section 2.4foregoing, to the extent that the provisions on indemnification and contribution contained in any the underwriting agreement entered into executed by Holder in connection with the underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in such the underwriting agreement shall control.
Appears in 1 contract
Samples: Registration Rights Agreement (Avery Communications Inc)
