Amendment of Section 6(b). The fourth and fifth sentences of ------------------------- Section 6(b) of the Stock Rights Agreement are hereby deleted and replaced and superseded in their entirety with the following sentence: "Notwithstanding any other provision of this Section 6, if the managing underwriter advises in writing the Company and the Stockholder that marketing factors require a limitation of the number of shares of common stock to be underwritten and sold in such offering, the managing underwriter may exclude some or all of the shares of common stock to be sold in such offering from such registration, and the shares to be included in such registration shall be allocated pro rata among the holders of --- ---- shares participating in the offering pursuant to registration rights granted by the Company (including demand and piggyback registration rights), based on the number of shares of common stock requested to be included by each holder in such registration."
Appears in 6 contracts
Samples: Stock Rights Agreement (Paetec Corp), Stock Rights Agreement (Paetec Corp), Stock Rights Agreement (Paetec Corp)
Amendment of Section 6(b). The fourth and fifth sentences of ------------------------- Section 6(b9(b) of the Stock Rights Agreement are hereby deleted and replaced and superseded in their entirety with the following sentence: "Notwithstanding any other provision of this Section 6, if the managing underwriter advises in writing the Company and the Stockholder that marketing factors require a limitation of the number of shares of common stock to be underwritten and sold in such offering, the managing underwriter may exclude some or all of the shares of common stock to be sold in such offering from such registration, and the shares to be included in such registration shall be allocated pro rata among the holders of --- ---- shares participating in the offering pursuant to registration rights granted by the Company (including demand and piggyback registration rights), based on the number of shares of common stock requested to be included by each holder in such registration."
Appears in 1 contract
Samples: Stock Rights Agreement (Paetec Corp)
Amendment of Section 6(b). The fourth and fifth sentences of ------------------------- Section 6(b10(b) of the Stock Rights Agreement are hereby deleted and replaced and superseded in their entirety with the following sentence: "Notwithstanding any other provision of this Section 6, if the managing underwriter advises in writing the Company and the Stockholder that marketing factors require a limitation of the number of shares of common stock to be underwritten and sold in such offering, the managing underwriter may exclude some or all of the shares of common stock to be sold in such offering from such registration, and the shares to be included in such registration shall be allocated pro rata among the holders of --- ---- shares participating in the offering pursuant to registration rights granted by the Company (including demand and piggyback registration rights), based on the number of shares of common stock requested to be included by each holder in such registration."
Appears in 1 contract
Samples: Stock Rights Agreement (Paetec Corp)
Amendment of Section 6(b). The fourth and fifth sentences of ------------------------- Section 6(b) of the Stock Rights Agreement are hereby deleted and replaced and superseded in their entirety with the following sentence: "Notwithstanding any other provision of this Section 6, if the managing underwriter advises in writing the Company and the Stockholder that marketing factors require a limitation of the number of shares of common stock to be underwritten and sold in such offering, the managing underwriter may exclude some or all of the shares of common stock to be sold in such offering from such registration, and the shares to be included in such registration shall be allocated pro rata among the holders of --- ---- shares participating in the --- ---- offering pursuant to registration rights granted by the Company (including demand and piggyback registration rights), based on the number of shares of common stock requested to be included by each holder in such registration."
Appears in 1 contract
Samples: Stock Rights Agreement (Paetec Corp)