Allocation of Securities. If any request pursuant to Section 5.1 involves an Underwritten Offering and if the lead managing underwriter (the “Manager”) shall advise the Company that, in its view, the number of securities requested by one or more Shareholders to be included in such Underwritten Offering (including those securities requested by the Company to be included in such registration) exceeds the largest number (the “Sale Number”) that can be sold in an orderly manner in such Underwritten Offering within a price range acceptable to the Shareholders that made the Underwritten Offering Request, as the case may be, the Company shall include in such Underwritten Offering all shares of Capital Stock requested to be included in such Underwritten Offering, provided, however, that if the number of such shares of Capital Stock exceeds the Sale Number, then the number of shares of Capital Stock (not to exceed the Sale Number) to be included in such Underwritten Offering shall be reduced on a pro rata basis among all such Shareholders, based on the number of shares of Capital Stock held by each such Shareholder requesting inclusion pursuant to Section 5.2(a) or Section 5.3(a) out of the total outstanding shares of Capital Stock of the Company; provided, however, that such allocation shall not operate to reduce the aggregate number of shares of Capital Stock to be included in such Underwritten Offering below the Sale Number, and if any Shareholder does not request inclusion of the maximum number of shares of Capital Stock allocated to such Shareholder pursuant to the above-described procedure, the remaining portion of such Shareholder’s allocation shall be reallocated among those requesting Shareholders whose allocations did not satisfy their requests pro rata on the basis of the number of shares of Capital Stock which would be held by such Shareholders, assuming conversion, and this procedure shall be repeated until all of the shares of Capital Stock which may be included in the registration on behalf of the Shareholders have been so allocate.
Allocation of Securities. NBDB has a policy regarding the allocation of securities among its clients, when demand for securities exceeds the number available at NBDB. This policy is intended to ensure a fair distribution of these securities among NBDB clients;
Allocation of Securities. 3.1 If any Demand Registration pursuant to clause 2.1 involves an underwritten offering and the managing underwriter advises the Company that, in its view, the number of securities requested to be included in such registration by the Holders or any other persons (including those securities requested by the Company or by Holders exercising Additional Piggyback Rights to be included in such registration) exceeds the largest number (the Demand Registration Sale Number) that can be sold in an orderly manner in such offering within a price range acceptable to the Investors, the Company shall include in such registration:
Allocation of Securities. (1) Sell order: Multiply the total executed volume of the block trade by the ratio determined by dividing the order volume for each account by the total order volume.
Allocation of Securities. Exhibit 1.2 Performance Shares.......................................Exhibit 1.2.1
Allocation of Securities. UPON CLOSING COMMON STOCK OF COMPANY, Par Value $0.001 Authorized: 110,000,000 shares Issued and Outstanding: 42,500,000 shares
Allocation of Securities. The Securities shall be allocated among the parties which are the Buyer as specified on their respective counterpart signature pages to this Agreement.
Allocation of Securities. Receiving Party Percentage of OP Units Issued Hereunder Allocated to Receiving Party Sxxxxx Xxxxxxxx 100% EXHIBIT A FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
Allocation of Securities. The Holders have allocated the Restructuring Debentures, Restructuring Subscription Receipts, Restructuring Common Shares and Restructuring Warrants as set out in Schedule 2.6. The Holders direct the Company to issue the Restructuring Debentures, Restructuring Subscription Receipts, Restructuring Common Shares and Restructuring Warrants as set out in that schedule.
Allocation of Securities
