Common use of Apportionment in Registrations Requested Clause in Contracts

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Shareholder Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders of more than 50% (by number of shares) of the Registrable Securities requested to be included in such registration, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Shareholder Securities, shall be reduced, on a pro rata basis (based on the number of securities requested to be included in such registration) and (ii) if, after the exclusion of such securities, further reductions are still required, the Registrable Securities requested to be included in such registration shall be reduced pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered held by such holders of Registrable Securities which have requested that such Registrable Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Securities or, to the extent not excluded as set forth above, Prior Registrable Shareholder Securities shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 15% of the Registrable Securities sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.1

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.19.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Shareholder Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders of more than 50% (by number of sharesshares then outstanding) of the Registrable Securities requested to be included in such registration, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Shareholder Securities, shall be reduced, on a pro rata basis (based on the number of securities requested to be included Company will include in such registration) and (ii) if, after to the exclusion extent of the number which the Company is so advised can be sold in such securitiesoffering, further reductions are still required, the Registrable Securities requested to be included in such registration shall be reduced pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered of the Company held by such the holders of Registrable Securities which have requested that such Registrable Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Securities or, to the extent not excluded as set forth above, Prior Registrable Shareholder Securities shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 1520% of the Registrable Securities originally sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.1the

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.1, the managing underwriter shall advise the Company in writing (with a copy to each holder Holder of Registrable Securities and Prior Registrable Shareholder Call Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders Holders of more than 50% (by number of shares) of the Registrable Call Securities requested to be included in such registration, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Shareholder Securities, shall be reduced, on a pro rata basis (based on the number of securities requested to be included in such registration) and (ii) if, after the exclusion of such securities, further reductions are still required, the Registrable Call Securities requested to be included in such registration shall be reduced pro rata among the holders Holders thereof requesting such registration on the basis of the percentage of the Registrable Call Securities sought to be registered of the Company held by such holders the Holders of Registrable Call Securities which have requested that such Registrable Call Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Call Securities or, to the extent not excluded as set forth above, Prior Registrable Shareholder Securities or shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 15% of the Registrable Call Securities originally sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.12.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.19. 1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Shareholder Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders of more than 50% (by number of sharesshares then outstanding) of the Registrable Securities requested to be included in such registration, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Shareholder Securities, shall be reduced, on a pro rata basis (based on the number of securities requested to be included Company will include in such registration) and (ii) if, after to the exclusion extent of the number which the Company is so advised can be sold in such securitiesoffering, further reductions are still required, the Registrable Securities requested to be included in such registration shall be reduced pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered of the Company held by such the holders of Registrable Securities which have requested that such Registrable Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Securities or, to the extent not excluded as set forth above, Prior Registrable Shareholder Securities shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 1520% of the Registrable Securities originally sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.19.1 hereof.

Apportionment in Registrations Requested. If, in connection with ---------------------------------------- a registration requested pursuant to this Section 2.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Shareholder Securities requesting registrationInitiating Notes Holder or Initiating Preferred Holder, as the case may be) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders of more than 50% (by number of shares) of Initiating Notes Holders or Initiating Preferred Holders, as the Registrable Securities requested to be included in such registrationcase may be, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable SecuritiesSecurities of the Notes Holders or the Preferred Holders, including all Prior Registrable Shareholder Securitiesas the case may be, shall be reduced, reduced on a pro rata basis (based on the number of securities requested to be included in such registration) and (ii) if, after the exclusion of all such securitiessecurities (if necessary), further reductions are still required, the Registrable Securities of the Notes Holders or the Preferred Holders, as the case may be, shall be reduced on a pro rata basis (based on the number of securities requested to be included in such registration shall be reduced pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered held by such holders of Registrable Securities which have requested that such Registrable Securities be includedregistration). In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Securities or, to the extent not excluded as set forth above, Prior Registrable Shareholder Securities shall be covered by such registration and if If the pro ration as aforesaid results in the exclusion of in excess of 15% of the Registrable Securities of the Notes Holders or the Preferred Holders, as the case may be, originally sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.12.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.19.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Shareholder Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders of more than 50% (by number of sharesshares then outstanding) of the Registrable Securities requested to be included in such registration, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Shareholder Securities, shall be reduced, on a pro rata basis (based on the number of securities requested to be included Company will include in such registration) and (ii) if, after to the exclusion extent of the number which the Company is so advised can be sold in such securitiesoffering, further reductions are still required, the Registrable Securities requested to be included in such registration shall be reduced pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered of the Company held by such the holders of Registrable Securities which have requested that such Registrable Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Securities or, to the extent not excluded as set forth above, Prior Registrable Shareholder Securities shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 1520% of the Registrable Securities originally sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.19.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.1, If the managing underwriter of any registration effected pursuant to Section 1.1 shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Shareholder Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to without adversely affecting the holders of more than 50% (by number of shares) marketability of the Registrable Securities requested to be included offering, the Company will apportion as follows: the Company will include in such registration, to the extent of the number of securities Registrable Securities that are otherwise entitled the Company is advised can be sold in such offering, Registrable Securities held by the Investors to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Shareholder Securities, shall be reduced, on a pro rata basis (based on the number of securities requested to be included in such registration) and (ii) if, after the exclusion of such securities, further reductions are still required, the Registrable Securities requested to be included in such registration shall be reduced pro rata among the all holders thereof of Registrable Securities requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered of the Company held by such holders of Registrable Securities which Investors that have requested that such Registrable Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than the Registrable Securities or, requested to be registered by the extent not excluded as set forth above, Prior Registrable Shareholder Securities Investors shall be covered by such registration registration, and if the pro ration proration as aforesaid results in the exclusion of an amount in excess of 15% of the Registrable Securities sought to be registeredregistered by the Investors initiating such Demand Registration pursuant to Section 1.1(a)(i) or 1.1(a)(ii), the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.11.1(a).

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Inside Shareholder Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders of more than 50% (by number of shares) of the Registrable Securities requested to be included in such registration, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Inside Shareholder Securities, Securities shall be reduced, on a pro rata basis (based on the number of securities requested to be included in such registration) and (ii) if, after the exclusion of such securities, further reductions are still required, the Registrable Securities requested to be included in such registration shall be reduced pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered of the Company held by such the holders of Registrable Securities which have requested that such Registrable Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Securities or, to the extent not excluded as set forth above, Prior or Registrable Inside Shareholder Securities shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 15% of the Registrable Securities originally sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.12.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 2.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and Prior Registrable Shareholder Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the holders of more than 50% (by number of shares) of the Registrable Securities requested to be included in such registration, the number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities, including all Prior Registrable Shareholder Securities, Securities shall be reduced, on a pro rata basis (based on the number of securities requested to be included in such registration) and (ii) if, after the exclusion of all such securitiessecurities (if necessary), further reductions are still required, the Registrable Securities requested to be included in such registration shall be reduced pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities sought to be registered held by such holders of Registrable Securities which have requested that such Registrable Securities be included. In connection with any registration as to which the provisions of this clause (g) apply, no securities other than Registrable Securities or, to the extent not excluded as set forth above, Prior Registrable Shareholder Securities shall be covered by such registration and if If the pro ration as aforesaid results in the exclusion of in excess of 1525% of the Registrable Securities originally sought to be registered, the holder or holders of more than 50% (by number of shares) of the Registrable Securities may, at their sole option, notify the Company that the request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.12.1 hereof.