Initiating Holders. If in the written opinion of the Approved Underwriter the registration of all or part of the Registrable Securities which the S-3 Initiating Holders and the other Designated Holders have requested to be included would materially adversely affect the success of such public offering, then the Company shall be required to include in the underwritten offering, to the extent of the amount that the Approved Underwriter believes may be sold without causing such adverse effect, first, all of the Registrable Securities to be offered for the account of the S-3 Initiating Holders pro rata based on the number of Registrable Securities owned by such S-3 Initiating Holders; second, the Registrable Securities to be offered for the account of the other Designated Holders who requested inclusion of their Registrable Securities pursuant to Section 5(a), pro rata based on the number of Registrable Securities owned by such Designated Holders, and third, any other securities requested to be included in such underwritten offering.
Initiating Holders. Subject to Section 2.3(e), an unlimited number of offerings or sales of Registrable Securities pursuant to a Shelf Registration Statement (each, a “Shelf Take-Down”) may be initiated by any of the Shelf Participating Existing Holders (each, an “Initiating Shelf Take-Down Holder”).
Initiating Holders ss.5.03(a) Maintenance Securities.............................................ss.4.05(a) Material Subsidiaries..............................................ss.2.04(a) Maximum Stockholder Stock Ownership Percentage.....................ss.4.03(a) Xx. Xxxxx..........................................................
Initiating Holders. Initiating Holders" shall have the meaning specified in Section 4.2 of the Agreement.
Initiating Holders. If a Designated Holder sends the Company a written request for inclusion of part or all of such Designated Holder's Registrable Securities in a registration, such Designated Holder shall not be entitled to withdraw or revoke such request without the prior written consent of the Company in its sole discretion unless, as a result of facts or circumstances relating to the Company or to market conditions arising after the date on which such request was made, such Designated Holder reasonably determines that participation in such registration would have a material adverse effect on such Designated Holder.
Initiating Holders. If in the written opinion of the Approved Underwriter the registration of all or part of the Registrable Securities which the S-3 Initiating Holders and the other Designated Holders have requested to be included would materially adversely affect the success of such public offering, then the Company shall be required to include in the underwritten offering, to the extent of the amount that the Approved Underwriter believes may be sold without causing such adverse effect, first, the Registrable Securities to be offered for the account of the S-3 Initiating Holders and the other Designated Holders who requested inclusion of their Registrable Securities pursuant to Section 5(a), pro rata based on the number of Registrable Securities owned by each
Initiating Holders. “Initiating Holders” shall mean (i) with respect to a registration request pursuant to Section 2.1, any Holder or Holders who in the aggregate hold not less than fifty percent (50%) of the then outstanding Registrable Securities or (ii) with respect to a registration request pursuant to Section 2.13, any Holder or Holders of the then outstanding Registrable Securities.
Initiating Holders. 3 Person........................................................................ 2
Initiating Holders. The right of any Holder to registration pursuant to this Section 5 will be conditioned upon such Holder's participation in such underwriting and the inclusion of such Holder's Registrable Securities in the underwriting (unless otherwise mutually agreed by a majority in interest of the Initiating Holders and such Holder with respect to such participation and inclusion) to the extent provided in this Section. A Holder may elect to include in such underwriting all or a part of the Registrable Securities it holds. If officers or directors of the Company holding other securities of the Company request inclusion in any registration pursuant to this Section 5, or if Other Shareholders request such inclusion, the Initiating Holders will, on behalf of all Holders, offer to include the securities of such officers, directors and Other Shareholders in the underwriting and may condition such offer on their acceptance of the further applicable provisions of this Agreement. If the representative of the underwriter advises the Initiating Holders in writing that marketing factors require a limitation on the number of shares to be underwritten, then the securities of the Company (other than Registrable Securities) held by officers or directors of the Company will be excluded from such registration to the extent so required by such limitation, and if a limitation of the number of shares is still required, the Initiating Holders will so advise all Holders of Registrable Securities and Other Shareholders whose securities would otherwise be underwritten pursuant to the request described in this Section, and the number of shares of Registrable Securities and other securities that may be included in the registration and underwriting will be allocated among all such Holders and Other Shareholders in proportion, as nearly as practicable, to the respective amounts of Registrable Securities and other securities which they had requested to be included in such registration at the time of filing the registration statement. No Registrable Securities or any other securities excluded from the underwriting by reason of the underwriter's marketing limitation will be included in such registration. If any Holder of Registrable Securities, officer, director or Other Shareholder who has requested inclusion in such registration as provided above disapproves of the terms of the underwriting, such person may elect to withdraw therefrom by written notice to the Company, the underwriter and the Initi...
Initiating Holders. Registrable Securities pursuant to Section 5(a), pro rata based on the number of Registrable Securities owned by such Designated Holders, and third, any other ----- securities requested to be included in such underwritten offering.
