Common use of Method of Distribution Clause in Contracts

Method of Distribution. The Holders of 51% of the Registrable Securities to be included in such registration statement shall determine the method of distribution of the Registrable Securities so included; provided, however, that if no agreement of Holders of 51% or more of the Registrable Securities to be included in such registration statement is obtained, then if Holders of more than 30% of the Registrable Securities to be included in such registration statement request an underwritten public offering, an underwritten public offering shall be the method of distribution with other methods permitted to the extent the managing underwriter for such offering, in its sole discretion, agrees to other methods of distribution being covered by such registration statement.

Appears in 13 contracts

Sources: Registration Rights Agreement (BioNumerik Pharmaceuticals, Inc.), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc), Registration Rights Agreement (Bionumerik Pharmaceuticals Inc)