Common use of Underwritten Registration Clause in Contracts

Underwritten Registration. If any Piggyback Registration involves an Underwritten Offering, the Company will so advise the Holders as a part of the written notice given pursuant to Section 2(a). In such event, the Company will use reasonable best efforts to ensure that the right of any Holder to registration pursuant to this Section 2 will be conditioned upon such Holder's participation in such Underwritten Offering and the inclusion of such Holder's Registrable Securities in the Underwritten Offering, and each such Holder will (together with the Company and the other Holders distributing their securities through such Underwritten Offering) enter into an underwriting agreement in customary form with the Underwriter or Underwriters selected for such Underwritten Offering by the Company. If any Holder disapproves of the terms of the Underwritten Offering, such Holder may elect to withdraw therefrom by written notice to the Company, the managing Underwriter and the Holders participating in the Underwritten Offering.

Appears in 4 contracts

Samples: Registration Rights and Shareholders Agreement (Novastar Financial Inc), Registration Rights and Shareholders Agreement (Novastar Financial Inc), Voting Agreement (CMBP II (Cayman) Ltd.)

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Underwritten Registration. If any Piggyback Registration involves an Underwritten Offeringthe registration referred to in Section 3.2(a) is proposed to be underwritten, the Company will so advise the Holders as a part of the written notice given pursuant to Section 2(a3.2(a). In such event, the Company will use reasonable best efforts to ensure that the right of any Holder to registration pursuant to this Section 2 3.2 will be conditioned upon such Holder's ’s participation in such Underwritten Offering underwriting and the inclusion of such the Holder's ’s Registrable Securities that it wishes to sell in the Underwritten Offeringunderwriting, and the Company and each such Holder will (together with the Company and the other Holders distributing their securities through such Underwritten Offeringunderwriting) enter into an underwriting agreement in customary form with the Underwriter underwriter or Underwriters underwriters selected for such Underwritten Offering by underwriting (and will complete and execute all questionnaires, powers of attorneys, indemnities, and other documents reasonably required under the Companyterms of such underwriting arrangements). If any Holder disapproves of the terms of the Underwritten Offeringunderwriting, such Holder may elect to withdraw therefrom by written notice to the Company, the managing Underwriter underwriter and the Holders participating other Holders. If any Piggyback Registration is an underwritten offering, the selection of the investment banker(s) and/or manager(s) for the offering shall be made by the Company in the Underwritten Offeringits sole discretion.

Appears in 2 contracts

Samples: Stock Transfer Restriction and Registration Rights Agreement (Woodbridge CO LTD), Stock Transfer Restriction and Registration Rights Agreement (Strategic Hotels & Resorts, Inc)

Underwritten Registration. If any Piggyback Registration involves an Underwritten Offering, the Company will so advise the Holders as a part of the written notice given pursuant to Section 2(a). In such event, the Company will use reasonable best efforts to ensure that the right of any Holder to registration pursuant to this Section 2 will be conditioned upon such Holder's ’s participation in such Underwritten Offering and the inclusion of such Holder's ’s Registrable Securities in the Underwritten Offering, and each such Holder will (together with the Company and the other Holders distributing their securities through such Underwritten Offering) enter into an underwriting agreement in customary form with the Underwriter or Underwriters selected for such Underwritten Offering by the Company. If any Holder disapproves of the terms of the Underwritten Offering, such Holder may elect to withdraw therefrom by written notice to the Company, the managing Underwriter and the Holders participating in the Underwritten Offering.

Appears in 1 contract

Samples: Exchange Agreement (Novastar Financial Inc)

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Underwritten Registration. If any Piggyback Registration involves an Underwritten Offering, the Company will so advise the Holders Xxxxxxxx as a part of the written notice given pursuant to Section 2(a). In such event, the Company will use reasonable best efforts to ensure that the right of any Holder Xxxxxxxx to registration pursuant to this Section 2 will be conditioned upon such Holder's Xxxxxxxx’x participation in such Underwritten Offering and the inclusion of such Holder's Xxxxxxxx’x Registrable Securities in the Underwritten Offering, and each such Holder Xxxxxxxx will (together with the Company and the other Holders holders distributing their securities through such Underwritten Offering) enter into an underwriting agreement in customary form with the Underwriter or Underwriters selected for such Underwritten Offering by the Company. If any Holder Xxxxxxxx disapproves of the terms of the Underwritten Offering, such Holder he may elect to withdraw therefrom by written notice to the Company, the managing Underwriter and the Holders holders participating in the Underwritten Offering.

Appears in 1 contract

Samples: Registration Rights Agreement (Novastar Financial Inc)

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