Common use of Selection of Underwriter Clause in Contracts

Selection of Underwriter. The Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 2 contracts

Sources: Registration Rights Agreement (Arvinas, Inc.), Registration Rights Agreement (Arvinas Holding Company, LLC)

Selection of Underwriter. The Company In the case of any registration effectuated pursuant to Section 4.1, the Corporation shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders who have requested to be included in such offeringregistration, and which approval each Holder whose shares are registered for sale through such underwriter shall not be unreasonably withheldenter into an underwriting agreement in form and on terms customary for such transactions.

Appears in 2 contracts

Sources: Registration and Pre Emptive Rights Agreement (Apollo Real Estate Investment Fund Ii L P), Registration and Pre Emptive Rights Agreement (Nexthealth Inc)

Selection of Underwriter. The Company In the case of any registration effected pursuant to Section 1.3 (Required Registration), the Shareholders shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested to be included in (such offering, and which approval shall not be unreasonably withheldwithheld or delayed) of a majority of the Board of Directors of the Company.

Appears in 2 contracts

Sources: Registration Rights Agreement (Butlein Eric), Registration Rights Agreement (Butlein Eric)

Selection of Underwriter. The Company In the case of any registration effected ------------------------ pursuant to this Section 2, the Majority Holders shall have the right to designate the managing underwriter in any underwritten offeringunderwriter, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested to be included in such offeringCompany, and which approval shall may not be unreasonably withheldwithheld or delayed.

Appears in 2 contracts

Sources: Registration Rights Agreement (Hunter Terry L), Registration Rights Agreement (Renaissance Worldwide Inc)

Selection of Underwriter. The Except for any registration effected pursuant to Section 6.1, the Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least Board of Managers of the Company and the holders of a majority of the Registrable Securities that all Holders requested to be included in such offering, and which approval shall not be unreasonably withheldwithheld provided that the managing underwriter shall be a leading national investment banking firm.

Appears in 2 contracts

Sources: Investor Rights Agreement (Directv Group Inc), Investor Rights Agreement (Skyterra Communications Inc)

Selection of Underwriter. The Company shall have the right to designate the managing underwriter in any underwritten offering, except for any offering effected by the Company pursuant to or as contemplated by this Agreement. In the case of a registration effected pursuant to Section 2.12 which the Company agrees to effect as an underwriting, which such designation shall be subject to the approval of the Holders holding at least holders of a majority of the Registrable Securities that all Holders Shares requested to be included in such offering, and which such approval shall not to be unreasonably withheldwithheld or delayed.

Appears in 2 contracts

Sources: Registration Rights Agreement (Paramount Gold & Silver Corp.), Registration Rights Agreement (Paramount Gold & Silver Corp.)

Selection of Underwriter. The Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.13, which designation shall be subject to the approval of the Holders Stockholders holding at least a majority of the Preferred Registrable Securities Shares that all Holders Stockholders requested to be included in such offering, and which approval shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Sources: Registration Rights Agreement (Accolade, Inc.), Registration Rights Agreement (Accolade, Inc.)

Selection of Underwriter. The Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.13, which designation shall be subject to the approval of the Holders Shareholders holding at least a majority of the Registrable Securities Shares that all Holders Shareholders requested to be included in such offering, and which approval shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Sources: Registration Rights Agreement (Essent Group Ltd.), Registration Rights Agreement (Essent Group Ltd.)

Selection of Underwriter. The In the case of any registration effected pursuant to this section 10, the Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least holders of a majority of the Registrable Securities that all Holders Shares requested to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 2 contracts

Sources: Preferred Stock Purchase Agreement (Direct General Corp), Preferred Stock Purchase Agreement (Direct General Corp)

Selection of Underwriter. In the case of any registration ------------------------ effected pursuant to subsection 8(b), in which the Company is not selling securities, the requesting Shareholders shall have the right with the approval of the Board of Directors of the Company, which approval shall not be unreasonably withheld, to designate the managing underwriter in any underwritten offering. The Company shall have the right to designate the managing underwriter in any all other underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested to be included in such offering, and which approval shall not be unreasonably withheldofferings.

Appears in 1 contract

Sources: Series C Convertible Preferred Stock and Series C Convertible Preferred Stock Warrant Purchase Agreement (Ixata Group Inc)

Selection of Underwriter. In the case of any registration effected pursuant to subsection 8(b), in which the Company is not selling securities, the requesting Shareholders shall have the right with the approval of the Board of Directors of the Company, which approval shall not be unreasonably withheld, to designate the managing underwriter in any underwritten offering. The Company shall have the right to designate the managing underwriter in any all other underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested to be included in such offering, and which approval shall not be unreasonably withheldofferings.

Appears in 1 contract

Sources: Series C Convertible Preferred Stock and Warrant Purchase Agreement (Nextgen Fund Ii LLC)

Selection of Underwriter. The In the case of any registration effected pursuant to this Section 9, the Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least holders of a majority of the Registrable Securities that all Holders Shares requested to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Common Stock Purchase Agreement (Energy Partners LTD)

Selection of Underwriter. The In the case of any registration effectuated pursuant to Section 8.1, the Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders who have requested to be included in such offering, and which approval shall not be unreasonably withheldregistration.

Appears in 1 contract

Sources: Warrant Agreement (Apollo Real Estate Investment Fund Ii L P)

Selection of Underwriter. The (a) In the case of any registration effected pursuant to subsection 11.3, the requesting Stockholders shall have the right to designate the managing underwriter in any underwritten offering. (b) In the case of any registration initiated by the Company, the Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested Shares to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Series a Preferred Stock Purchase Agreement (Astropower Inc)

Selection of Underwriter. The Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.16.1(a), which designation shall be subject to the approval of the Holders Investors holding at least a majority of the Registrable Securities Shares that all Holders Investors requested to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Investor Rights Agreement (Aziyo Biologics, Inc.)

Selection of Underwriter. The In the case of any registration effected pursuant to this Agreement, the Board of Directors of the Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least holders of a majority of the Registrable Securities that all Holders Shares requested to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Registration Rights Agreement (Sequoia Software Corp)

Selection of Underwriter. The Company In the case of any registration effected pursuant to subsection 8.3, the requesting Stockholders shall have the right to designate the managing underwriter in any underwritten offeringunderwriter, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested to be included in such offeringCompany, and which approval shall may not be unreasonably withheldwithheld or delayed.

Appears in 1 contract

Sources: Series a Convertible Preferred Stock Purchase Agreement (GTC Biotherapeutics Inc)

Selection of Underwriter. The Company In the case of any registration effected pursuant to Section 3, the Requesting Holders shall have the right to designate the managing underwriter in any underwritten offeringunderwriter, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least a majority of the Registrable Securities that all Holders requested to be included in such offeringCompany, and which approval shall may not be unreasonably withheldwithheld or delayed.

Appears in 1 contract

Sources: Shareholder Agreement (Moldflow Corp)

Selection of Underwriter. The (a) In the case of any registration effected pursuant to this Section 22, the Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.1, which designation shall be subject to the approval of the Holders holding at least holders of a majority of the Registrable Securities that all Holders Notes or Registrable Shares requested to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Note Purchase Agreement (Omnipoint Corp \De\)

Selection of Underwriter. The Company shall have the right to designate the managing underwriter in any underwritten offering, except for any registration effected pursuant to Section 2.13, which designation shall be subject to the approval of the Holders Purchasers holding at least a majority sixty percent (60%) of the Registrable Securities that all Holders Shares issued or issuable upon conversion of the Series C Preferred Stock requested to be included in such offering, and which approval shall not be unreasonably withheld.

Appears in 1 contract

Sources: Registration Rights Agreement (Advanced BioHealing Inc)