Common use of Cutbacks in Requested Registration Clause in Contracts

Cutbacks in Requested Registration. If the managing underwriter of any underwritten offering shall advise the Company in writing (with a copy to each Participating Holder) 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 Requisite Percentage of Participating Holders, 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 Participating Holders requesting such registration in accordance with the Registrable Securities held by each such Participating Holder so requested to be registered, and any securities of the Company and other investors included in such registration pursuant to Section 3.1(b) shall be reduced proportionately.

Appears in 4 contracts

Samples: Registration Rights Agreement (Appaloosa Management Lp), Registration Rights Agreement (Bio Plexus Inc), Registration Rights Agreement (Appaloosa Management Lp)

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Cutbacks in Requested Registration. If the managing underwriter of any underwritten offering shall advise the Company in writing (with a copy to each Participating Holder) 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 Requisite Percentage of Participating Holders, 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 5 Securities requested to be included in such registration, pro rata among the Participating Holders requesting such registration in accordance with the Registrable Securities held by each such Participating Holder so requested to be registered, and any securities of the Company and other investors included in such registration pursuant to Section 3.1(b) shall be reduced proportionately.

Appears in 1 contract

Samples: Registration Rights Agreement (Bio Plexus Inc)

Cutbacks in Requested Registration. If the managing underwriter of any underwritten offering shall advise the Company in writing (with a copy to each Participating Holder) 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 Requisite Percentage of Participating Holders, 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 Participating Holders requesting such registration in accordance with the Registrable Securities principal amount of Notes held by each such Participating Holder so requested to be registered, and any securities of the Company and other investors included in such registration pursuant to Section 3.1(b) shall be reduced proportionately.

Appears in 1 contract

Samples: Registration Rights Agreement (Appaloosa Management Lp)

Cutbacks in Requested Registration. If the managing underwriter of any underwritten offering shall advise the Company in writing (with a copy to the Trustee and each Participating Holder) 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 Requisite Percentage of Participating Holders, 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 Participating Holders requesting such registration in accordance with the Registrable Securities principal amount of Exchange Notes held by each such Participating Holder so requested to be registered, and any securities of the Company and other investors included in such registration pursuant to Section 3.1(b) shall be reduced proportionately.

Appears in 1 contract

Samples: Registration Rights Agreement (Appaloosa Management Lp)

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Cutbacks in Requested Registration. If the managing underwriter of any underwritten offering shall advise the Company in writing (with a copy to each Participating Holder) 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 Requisite Percentage of Participating Holders, 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 Participating Holders requesting such registration in accordance with the Registrable Securities principal amount of Exchange Notes held by each such Participating Holder so requested to be registered, and any securities of the Company and other investors included in such registration pursuant to Section 3.1(b) shall be reduced proportionately.

Appears in 1 contract

Samples: Registration Rights Agreement (Inamed Corp)

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