Allocation Among Initiating Securities Holders. In connection with any Demand Registration requested by Initiating Securities Holders in accordance with subsection 2.3, if the lead managing underwriter selected by such Initiating Securities Holders in accordance with subsection 5.8 with respect to such offering (or, if the offering is not underwritten, if a financial advisor to such Initiating Securities Holders) determines that marketing factors require a limitation on the number of shares of Registerable Common to be offered and sold in such offering, there shall be included in the offering only that number of shares of Registerable Common that such lead managing underwriter or financial advisor, as the case may be, reasonably and in good faith believes will not jeopardize the success of the offering, which shares of Registerable Common shall be allocated among the Initiating Securities Holders on a pro rata basis based on the number of shares of Registerable Common each such Initiating Securities Holder seeks to include in such offering.
Appears in 4 contracts
Samples: Registration Rights Agreement (Philip Services Corp/De), Registration Rights Agreement (Icahn Carl C Et Al), Registration Rights Agreement (Philip Services Corp/De)
Allocation Among Initiating Securities Holders. In connection with any Demand Registration requested by Initiating Securities Holders in accordance with subsection 2.3, if the lead managing underwriter selected by such Initiating Securities Holders in accordance with subsection 5.8 with respect to such offering (or, if the offering is not underwritten, if a financial advisor to such Initiating Securities Holders) determines that marketing factors require a limitation on the number of shares of Registerable Common to be offered and sold in such offering, there shall be included in the offering only that number of shares of Registerable Common that such lead managing underwriter or financial advisor, as the case may be, reasonably and in good faith believes will not jeopardize the success of the offering, which shares of Registerable Common shall be allocated among the Initiating Securities Holders on a pro rata PRO RATA basis based on the number of shares of Registerable Common each such Initiating Securities Holder seeks to include in such offering.
Appears in 1 contract
Samples: Registration Rights Agreement (Innovative Clinical Solutions LTD)