Examples of Preferred Stock Investor Holders in a sentence
If a proposed Preferred Stock Investor Demand Registration involves either a firm or best efforts underwritten offering, the Preferred Stock Investor Holder(s) giving the Request Notice with respect to such Preferred Stock Investor Demand Registration shall have the right, subject to approval by the Company (which approval shall not be unreasonably withheld), to select the underwriter or underwriters to manage such Preferred Stock Investor Demand Registration.
All Preferred Stock Investor Holders requesting registration of their Registrable Securities pursuant to this Section 2.2.1 shall specify the aggregate number of Registrable Securities proposed to be registered and the intended methods of disposition thereof.
In connection with any Registration, the Company shall be required to obtain independent outside counsel that is sophisticated in securities law matters and that is reasonably satisfactory to a majority of the Preferred Stock Investor Holders that have shares of Common Stock included in such Registration.
The Company shall also indemnify underwriters (as such term is defined in the 1933 Act), their officers and directors and each person who controls such persons (within the meaning of the 1933 Act and the Exchange Act) to the same extent as provided above with respect to the indemnification of the Preferred Stock Investor Holders.
The LDC Holders and the Institutional Investors have rights to demand registrations under the LDC Registration Rights Agreement and the Institutional Investor Registration Rights Agreement, respectively, similar to those of the Preferred Stock Investor Holders under this Agreement.
If the Company at any time grants to any other holders of Common Stock or Common Stock Equivalents any rights to request the Company to effect the registration under the 1933 Act of any such shares of Common Stock on terms more favorable to such holders than the terms set forth in this Agreement, the terms of this Agreement shall be deemed amended or supplemented to the extent necessary to provide the Preferred Stock Investor Holders with the same, more favorable terms.
Any request by one or more Preferred Stock Investor Holders for inclusion in an LDC Demand Registration or an Institutional Investor Demand Registration shall be deemed to be one (1) of the four (4) Demand Registrations permitted hereunder if (i) such request is in respect of at least 1,000,000 shares of Common Stock and (ii) at least 75% of the shares of Common Stock requested for inclusion by the Preferred Stock Investor Holders are so included.
Subject to the allocations set forth in Section 2.1.3, upon receipt of such written request of any such Preferred Stock Investor Holder, the Company will use its reasonable best efforts to effect the registration under the 1933 Act of all Registrable Securities which the Company has been so requested to register by the Preferred Stock Investor Holders.
Nothing in this Agreement, express or implied, is intended or shall be construed to give any person other than the parties to this Agreement, the other Preferred Stock Investor Holders, if any, and their respective successors or assigns any legal or equitable right, remedy or claim under or in respect of any agreement or any provision contained herein.
As evidenced by the Institutional Investor Registration Rights Agreement and the LDC Registration Rights Agreement, each in the form attached hereto, the Company represents that the Institutional Investors and the LDC Holders have approved the Company’s entering into this Agreement and the granting to the Preferred Stock Investor Holders of registration rights in respect of Piggyback Registrations and Demand Registrations on the terms and conditions set forth herein.