Common use of Inclusion of Shares by Company Clause in Contracts

Inclusion of Shares by Company. If the distribution of Offerable Securities is being effected by means of an underwriting and if the managing underwriter has not limited the number of Offerable Securities to be underwritten, the Company may include securities for its own account or for the account of others in such registration or offering if the managing underwriter and the Holders so agree. The inclusion of such shares shall be on the same terms as the registration or offering of shares held by the Holders. If the underwriters exclude some of the securities to be registered, 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 Offerable Securities. If the Company exercises its right hereunder and Common Stock is offered on behalf of the Company, Offering Expenses shall be allocated pro rata among the Holders and the Company based on the number of securities to be offered by each in relation to the total number of securities offered.

Inclusion of Shares by Company. If the distribution of Offerable Registrable Securities is being effected by means of an underwriting and if the managing underwriter has not limited the number of Offerable 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 or offering if the managing underwriter so agrees and if Holders holding a majority of the Holders so agreeRegistrable Securities covered by such registration consent to such inclusion. The inclusion of such shares by the Company or such other holders shall be on the same terms as the registration or offering of shares held by the Initiating Holders. If In the event that the underwriters exclude some of the securities to be registered, 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 Offerable Registrable Securities. If the Company exercises its right hereunder and Common Stock is offered on behalf of the Company, Offering Expenses shall be allocated pro rata among the Holders and the Company based on the number of securities to be offered by each in relation to the total number of securities offered.