Common use of Underwriting Procedures Clause in Contracts

Underwriting Procedures. If the Holders requesting such registration so elect, the offering of Registrable Securities pursuant to a Demand Registration shall be in the form of a firm commitment underwritten offering and the managing underwriter or underwriters selected for such offering shall be the Approved Underwriter (as hereinafter defined) selected in accordance with Section 2(g). With respect to any firm commitment underwritten offering, the Company shall enter into a reasonable and customary underwriting agreement with the Approved Underwriter. If the Approved Underwriter advises the Company and the Holders in writing that in its opinion the aggregate amount of Class A Company Shares requested to be included in such offering is sufficiently large to have a material adverse effect on the success of such offering, then the Company shall include in such registration only the aggregate amount of Class A Company Shares that in the opinion of the Approved Underwriter may be sold without any such material adverse effect and the Holders shall be allowed to include such amount of Registrable Securities in the aggregate as the managing underwriter(s) deems appropriate prior to any Class A Company Shares being included on behalf of the Company or any other person, including other stockholders exercising piggyback registration rights (pursuant to this Agreement or otherwise).

Underwriting Procedures. If the Holders requesting such Selling Shareholders demanding registration so elect, the offering of Registrable Securities pursuant to up to a maximum of three Demand Registration Registrations shall be in the form of a firm commitment underwritten offering offering, and the managing underwriter or underwriters selected for such offering shall be the Approved Underwriter (as hereinafter defined) selected in accordance with Section 2(g6.1(h). With respect to any firm commitment underwritten offering, the Company GridAmerica HoldCo shall enter into a reasonable and customary underwriting agreement with the Approved Underwriter. If the Approved Underwriter advises the Company and the Holders GridAmerica HoldCo in writing that in its opinion the aggregate amount of Class A Company Shares requested to be included in such offering is sufficiently large to have a material adverse effect on the success of such offering, including the price, then the Company GridAmerica HoldCo shall include in such registration only the aggregate amount of Class A Company Shares that in the opinion of the Approved Underwriter may be sold without any such material adverse effect and the Holders such Shares shall be allowed to include allocated pro rata among the Selling Shareholders demanding such amount registration on the basis of the number of Registrable Securities Shares requested to be included in such registration by each such Selling Shareholder, and thereafter to the aggregate as Company, and finally to the managing underwriter(s) deems appropriate prior to any Class A Company Shares being included on behalf holders of the Company other incidental or any other personpiggy-back registration rights, including other stockholders exercising piggyback registration rights (pursuant to this Agreement or otherwise)if any.