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 9.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable 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 then outstanding) of the Registrable Securities requested to be included in such registration, the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, Registrable Securities requested to be included in such registration pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities of the Company held by 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 shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 20% of the Registrable Securities originally sought to be registered, the

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 9.1, 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 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 then outstanding) marketability of the Registrable Securities requested to be included in such registrationoffering, the Company will apportion as follows: the Company will include in such registration, to the extent of the number which of Registrable Securities that the Company is so advised can be sold in such offering, Registrable Securities requested held by the Investors to be included in such registration pro rata among the all holders thereof of Registrable Securities requesting such registration on the basis of the percentage of the Registrable Securities of the Company held by the holders of Registrable Securities which such 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 requested to be registered by the 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 2015% of the Registrable Securities originally sought to be registeredregistered by the Investors initiating such Demand Registration pursuant to Section 1.1(a)(i) or 1.1(a)(ii), thethe request shall not be counted for purposes of determining the number of registrations pursuant to Section 1.1(a).

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 9.12.1, the managing underwriter shall advise the Company in writing (with a copy to each holder Holder of Registrable 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 then outstandingshares) of the Registrable Call Securities requested to be included in such registration, the Company will include number of securities that are otherwise entitled to be included in such registration, to registration shall be allocated in the extent of following manner: the number which the Company is so advised can be sold in such offering, 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 of the Company held by the holders 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 shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 2015% of the Registrable Call Securities originally sought to be registered, thethe request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 9.12.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities and 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 then outstandingshares) of the Registrable Securities requested to be included in such registration, the Company will include number of securities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all Registrable Inside 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, to after the extent exclusion of such securities, further reductions are still required, the number which the Company is so advised can be sold in such offering, 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 of the Company held by 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 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 2015% of the Registrable Securities originally sought to be registered, thethe request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 9.12.1, 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 then outstandingshares) of the Registrable Securities requested to be included in such registration, the Company will include 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, to after the extent exclusion of such securities, further reductions are still required, the number which the Company is so advised can be sold in such offering, 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 of the Company sought to be registered held by the 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 2015% of the Registrable Securities originally sought to be registered, thethe 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 9.12.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable 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 then outstandingshares) of the Registrable Securities requested to be included in such registration, the Company will include 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 shall be reduced, on a pro rata basis (based on the number of securities requested to be included in such registration) and (ii) if, to after the extent exclusion of all such securities (if necessary), further reductions are still required, the number which the Company is so advised can be sold in such offering, 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 of the Company sought to be registered held by the 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 shall be covered by such registration and if If the pro ration as aforesaid results in the exclusion of in excess of 2025% of the Registrable Securities originally sought to be registered, thethe request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 9.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable 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 then outstanding) of the Registrable Securities requested to be included in such registration, the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, Registrable Securities requested to be included in such registration pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities of the Company held by 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 shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 20% of the Registrable Securities originally sought to be registered, thethe request shall not be counted for purposes of determining the number of registrations pursuant to Section 9.1 hereof.

Apportionment in Registrations Requested. If, in connection with ---------------------------------------- a registration requested pursuant to this Section 9.12.1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable 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 Initiating Notes Holders or Initiating Preferred Holders, as the case may be, the number of shares then outstandingsecurities that are otherwise entitled to be included in such registration shall be allocated in the following manner: (i) all securities other than Registrable Securities of the Registrable Securities 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) and (ii) if, after the Company will include in exclusion of all such registrationsecurities (if necessary), to the extent of the number which the Company is so advised can be sold in such offeringfurther reductions are still required, 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 pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities of the Company held by the 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 shall be covered by such registration and if If the pro ration as aforesaid results in the exclusion of in excess of 2015% of the Registrable Securities of the Notes Holders or the Preferred Holders, as the case may be, originally sought to be registered, thethe request shall not be counted for purposes of determining the number of registrations pursuant to Section 2.1 hereof.

Apportionment in Registrations Requested. If, in connection with a registration requested pursuant to this Section 9.19. 1, the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable 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 then outstanding) of the Registrable Securities requested to be included in such registration, the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, Registrable Securities requested to be included in such registration pro rata among the holders thereof requesting such registration on the basis of the percentage of the Registrable Securities of the Company held by 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 shall be covered by such registration and if the pro ration as aforesaid results in the exclusion of in excess of 20% of the Registrable Securities originally sought to be registered, thethe request shall not be counted for purposes of determining the number of registrations pursuant to Section 9.1 hereof.