Common use of Underwritten Public Offering Clause in Contracts

Underwritten Public Offering. The Company shall not cause, and shall ensure that Pubco does not cause, the registration under the Securities Act of any other shares of its common stock to become effective (other than registration of an employee stock plan, or registration in connection with any Securities Act Rule 145 or similar transaction) during the Effectiveness Period of a registration requested hereunder for an underwritten public offering if, in the judgment of the underwriter or underwriters, marketing factors would materially adversely affect the price of the Registrable Securities subject to such underwritten registration.

Appears in 4 contracts

Sources: Investor Rights Agreement, Unit Investor Rights Agreement (Camp Nine, Inc.), Unit Investor Rights Agreement (Cactus Ventures, Inc.)