Common use of AMOUNT TO BE INCLUDED Clause in Contracts

AMOUNT TO BE INCLUDED. In the event that Registrable Shares are requested to be included in any registration initiated pursuant to Section 2(b)(i) that contemplates an underwritten public offering, and if, in the good faith judgment of the managing underwriting of such public offering, the inclusion of all of the Registrable Shares covered by such request for registration, together with the number or amount of securities that were intended to be offered by the Company or other security holders who hold registration rights, would interfere with the successful marketing of such securities, then, such managing underwriter may limit the number or amount of securities to be included in the registration such that (A) the Company shall include in such registration the securities it intended to offer and (B) with respect to any additional securities which may be included in such registration (after inclusion of the securities referred to in clause (A)), all holders of securities (including the holders of Registrable Shares) who hold registration rights and who have requested registration (collectively, "Security Holders") shall participate in the underwritten public offering PRO RATA based upon the ratio of the number of shares requested to be registered by each such Security Holder to the total number of shares requested to be registered by all such Security Holders.

AMOUNT TO BE INCLUDED. In the event that Registrable Shares are requested to be included in any registration initiated pursuant to Section 2(b)(i) that contemplates an underwritten public offering, and if, in the good faith judgment of the managing underwriting of such public offering, the inclusion of all of the Registrable Shares covered by such request for registration, together with the number or amount of securities that were intended to be offered by the Company or other security holders who hold registration rights, would interfere with the successful marketing of such securities, then, such managing underwriter may limit the number or amount of securities to be included in the registration such that (A) the Company shall include in such registration the securities it intended to offer and (B) with respect to any additional securities which may be included in such registration (after inclusion of the securities referred to in clause (A)), all holders of securities (including the holders of Registrable Shares) who hold registration rights and who have requested registration (collectively, "Security Holders") shall participate in the underwritten public offering PRO RATA pro rata based upon the ratio of the number of shares requested to be registered by each such Security Holder to the total number of shares requested to be registered by all such Security Holders.