Common use of Inclusion of Shares by Company Clause in Contracts

Inclusion of Shares by Company. If the distribution of the Registrable Securities pursuant to this Article 4 is effected by means of an underwriting and if the managing underwriter has not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by Holders requesting registration on Form S-3 which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the Holders requesting such registration. In the event that the underwriters exclude some of the securities to be registered on Form S-3, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Metastorm Inc), Registration Rights Agreement (Metastorm Inc), Agreement and Plan of Merger (Metastorm Inc)

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Inclusion of Shares by Company. If the distribution of the Registrable Securities pursuant to this Article 4 Section 4.2 is effected by means of an underwriting and if the managing underwriter has not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by Holders requesting registration on Form S-3 which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the Holders requesting such registrationHolders. In the event that the underwriters exclude some of the securities to be registered on Form S-3, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities.

Appears in 2 contracts

Samples: Registration Rights Agreement (Teletrac Holdings Inc), Registration Rights Agreement (Teletrac Holdings Inc)

Inclusion of Shares by Company. If the distribution of the Registrable Securities pursuant to this Article 4 is being effected by means of an underwriting and if the managing underwriter has not limited the number of Registrable Securities to be underwritten, the Company (i) may include securities for its own account or in such registration if the managing underwriter so agrees and (ii) may include securities for the account of others stockholders other than the Holders in such registration if the managing underwriter so agrees and if Holders holding a majority of the number of Registrable Securities held covered by Holders requesting registration on Form S-3 which would otherwise have been included in such registration and underwriting will not thereby be limitedconsent to such inclusion. The inclusion of such shares by the Company or such other holders shall be on the same terms as the registration of shares held by the Holders requesting such registrationInitiating Holders. In the event that the underwriters exclude some of the securities to be registered on Form S-3registered, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities.

Appears in 1 contract

Samples: Registration Rights Agreement (Arch Communications Group Inc /De/)

Inclusion of Shares by Company. If the distribution of the Registrable Securities pursuant to this Article 4 is effected by means of an underwriting and if the managing underwriter has not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by Holders the Investor requesting registration on Form S-3 which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the Holders Investor requesting such registration. In the event that the underwriters exclude some of the securities to be registered on Form S-3, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable SecuritiesSecurities held by the Investor.

Appears in 1 contract

Samples: Registration Rights Agreement (Medcross Inc)

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Inclusion of Shares by Company. If the distribution of the Registrable Securities pursuant to this Article 4 is effected by means of an underwriting and if the managing underwriter has not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by Holders requesting registration on Form S-3 which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the Holders requesting such registration. In the event that the underwriters exclude some of the securities to be registered on Form S-3S- 3, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable Securities.

Appears in 1 contract

Samples: Registration Rights Agreement (Arch Communications Group Inc /De/)

Inclusion of Shares by Company. If the distribution of the Registrable Securities pursuant to this Article 4 is effected by means of an 6 underwriting and if the managing underwriter has not limited the number of Registrable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration if the managing underwriter so agrees and if the number of Registrable Securities held by Holders the Investor requesting registration on Form S-3 which would otherwise have been included in such registration and underwriting will not thereby be limited. The inclusion of such shares shall be on the same terms as the registration of shares held by the Holders Investor requesting such registration. In the event that the underwriters exclude some of the securities to be registered on Form S-3, the securities to be sold for the account of the Company and any other holders shall be excluded in their entirety prior to the exclusion of any Registrable SecuritiesSecurities held by the Investor.

Appears in 1 contract

Samples: Registration Rights Agreement (I Link Inc)

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