Common use of Allocation of Shares in Piggyback Registration Clause in Contracts

Allocation of Shares in Piggyback Registration. In the event that the underwriter’s representative limits the number of Covered Securities to be included in a Registration pursuant to Section 4.2.3 hereof, and such Registration is not a result of a Demand Notice, the Covered Securities (other than Registrable Shares) held by officers of the Corporation shall be excluded from such Registration and underwriting to the extent required by such limitation. If a limitation of the number of Covered Securities is still required after such exclusion, the number of Covered Securities that may be included in such Registration (which shall not be a result of a Demand Notice) and underwriting shall be included, subject to Section 4.2.3.2, in the following order: (i) first, the Primary Shares; (ii) second, the Registrable Shares; and (iii) third, all other Covered Securities held by the other Stockholders of the Corporation (or, if necessary, such Registrable Shares pro rata among the Stockholders thereof based upon the number of Registrable Shares requested to be registered by each such Stockholder). 4.2.5

Allocation of Shares in Piggyback Registration. (i) In the event that the underwriter’s 's representative limits the number of Covered Securities shares to be included in a Registration pursuant to Section 4.2.3 2(c) hereof, and such Registration is not a result of a demand made by the holders of Demand NoticeShares, the Covered Securities shares of the Corporation's capital stock (other than Registrable Shares) held by officers of the Corporation and its subsidiaries shall be excluded from such Registration and underwriting to the extent required by such limitation. If a limitation of the number of Covered Securities shares is still required after such exclusion, the number of Covered Securities Shares that may be included in such Registration (which shall not be a result of a Demand Notice) and underwriting shall be included, subject to Section 4.2.3.2, included in the following order: (iA) first, the Primary Shares; and (iiB) second, the Registrable Demand Shares; and (iiiC) third, all other Covered Securities held by the other Stockholders of the Corporation Registrable Shares (or, if necessary, such Registrable Shares pro rata among the Stockholders holders thereof (including the Investor) based upon the number of Registrable Shares requested to be registered by each such Stockholderholder). 4.2.5.

Allocation of Shares in Piggyback Registration. In the event that the underwriter’s representative limits the number of Covered Securities to be included in a Registration pursuant to Section 4.2.3 hereof, and such Registration is not a result of a Demand Notice, the Covered Securities (other than Registrable Shares) held by officers of the Corporation shall be excluded from such Registration and underwriting to the extent required by such limitation. If a limitation of the number of Covered Securities is still required after such exclusion, the number of Covered Securities that may be included in such Registration (which shall not be a result of a Demand Notice) and underwriting shall be included, subject to Section 4.2.3.2, in the following order: (i) first, the Primary Shares; (ii) second, the Registrable Shares; and (iii) third, all other Covered Securities held by the other Stockholders of the Corporation (or, if necessary, such Registrable Shares pro rata among the Stockholders thereof based upon the number of Registrable Shares requested to be registered by each such Stockholder). 4.2.5.

Allocation of Shares in Piggyback Registration. In the event that the underwriter’s 's representative limits the number of Covered Securities to be included in a Registration pursuant to Section 4.2.3 hereof, and such Registration is not a result of a Demand Notice, the Covered Securities (other than Registrable Shares) held by officers of the Corporation shall be excluded from such Registration and underwriting to the extent required by such limitation. If a limitation of the number of Covered Securities is still required after such exclusion, the number of Covered Securities that may be included in such Registration (which shall not be a result of a Demand Notice) and underwriting shall be included, subject to Section 4.2.3.2, in the following order: (i) first, the Primary Shares; (ii) second, the Registrable Shares; and (iii) third, all other Covered Securities held by the other Stockholders of the Corporation (or, if necessary, such Registrable Shares pro rata among the Stockholders thereof based upon the number of Registrable Shares requested to be registered by each such Stockholder). 4.2.5.

Allocation of Shares in Piggyback Registration. (i) In the event that the underwriter’s 's representative limits the number of Covered Securities shares to be included in a Registration pursuant to Section 4.2.3 2(c) hereof, and such Registration is not a result of a demand made by the holders of Demand NoticeShares, the Covered Securities shares of the Corporation's capital stock (other than Registrable Shares) held by officers of the Corporation and its subsidiaries shall be excluded from such Registration and underwriting to the extent required by such limitation. If a limitation of the number of Covered Securities shares is still required after such exclusion, the number of Covered Securities Shares that may be included in such Registration (which shall not be a result of a Demand Notice) and underwriting shall be included, subject to Section 4.2.3.2, included in the following order: (iA) firstFIRST, the Primary Shares; and (iiB) secondSECOND, the Registrable Demand Shares; and (iiiC) thirdTHIRD, all other Covered Securities held by the other Stockholders of the Corporation Registrable Shares (or, if necessary, such Registrable Shares pro rata PRO RATA among the Stockholders holders thereof (including the Stockholder) based upon the number of Registrable Shares requested to be registered by each such Stockholderholder). 4.2.5.