Common use of Underwriting by Sutro Clause in Contracts

Underwriting by Sutro. If a registration under this Section 2.2 is requested by one or more Selling Shareholders to be in the form of an underwritten offering, then the Company and the Selling Shareholder(s) shall retain and cooperate with Sutro as the managing underwriter of such offering, subject to the execution of an underwriting agreement in such customary form that is reasonably acceptable to the Company, the Selling Shareholder(s) and Sutro and consistent with the provisions of this Agreement; provided that Sutro maintains, at the time of such offering, all federal and state governmental and other licenses and permits necessary to act as an underwriter of securities.

Underwriting by Sutro. If a registration under this Section 2.2 --------------------- is requested by one or more Selling Shareholders Stockholders to be in the form of an underwritten offering, then the Company and the Selling Shareholder(sStockholder(s) shall retain and cooperate with Sutro as the managing underwriter of such offering, subject to the execution of an underwriting agreement in such customary form that is reasonably acceptable to the Company, the Selling Shareholder(sStockholder(s) and Sutro and consistent with the provisions of this Agreement; provided that Sutro -------- maintains, at the time of such offering, all federal and state governmental and other licenses and permits necessary to act as an underwriter of securities.