Common use of Conditions to Inclusion Clause in Contracts

Conditions to Inclusion. The Company shall not be required to include any Subject Shares in a Piggyback Registration Statement unless (a) the Investor accept the terms of the underwriting as agreed on between the Company and the underwriters selected by it and (b) the Investor completes and executes all reasonable questionnaires, powers of attorney, indemnities, underwriting agreements, lock-up letters and other documents required under the terms of the underwriting agreement (collectively, the “Underwriting Documents”); provided, however, that (i) the Investor shall only be required to complete and execute such Underwriting Documents to the same extent required of other similarly situated selling shareholders, if any, participating in the underwriting, and (ii) the terms of the Underwriting Documents required of Investor shall be upon terms and subject to the conditions no less favorable than the terms and conditions of any other applicable Underwriting Document executed in connection with the underwriting.