Common use of LIMITATION ON OBLIGATIONS TO REGISTER Clause in Contracts

LIMITATION ON OBLIGATIONS TO REGISTER. (a) In the case of a Piggyback Registration on an underwritten public offering by the Company, if the managing underwriter determines and advises in writing that the inclusion in the registration statement of all Registrable Securities proposed to be included would interfere with the successful marketing of the securities proposed to be registered by the Company, then the number of such Registrable Securities to be included in the registration statement shall be allocated among all Holders who had requested Piggyback Registration, in the proportion that the number of Registrable Securities which each such Holder, including Xxxxxx Investments, seeks to register bears to the total number of Registrable Securities sought to be included by all Holders, including Xxxxxx Investments.

LIMITATION ON OBLIGATIONS TO REGISTER. (a) In the case of a Piggyback Registration on an underwritten public offering by the Company, if the managing underwriter determines and advises in writing that the inclusion in the registration statement of all Registrable Securities proposed to be included would interfere with the successful marketing of the securities proposed to be registered by the Company, then the number of such Registrable Securities to be included in the registration statement shall be allocated among all Holders who had requested Piggyback Registration, in the proportion that the number of Registrable Securities which each such Holder, including Xxxxxx Investments, Holder seeks to register bears to the total number of Registrable Securities sought to be included by all Holders, including Xxxxxx Investments; provided that in no event shall the number of Registrable Securities be less than thirty-five percent (35%) pro-rata of the total number of shares included in such registration.

LIMITATION ON OBLIGATIONS TO REGISTER. (a) In the case of a Piggyback Registration on an underwritten public offering by the Company, if the managing underwriter determines and advises in writing that the inclusion in the registration statement of all Registrable Securities proposed to be included would interfere with the successful marketing of the securities proposed to be registered by the Company, then the number of such Registrable Securities to be included in the registration statement shall be allocated among all Holders who had requested Piggyback Registration, in the proportion that the number of Registrable Securities which each such HolderPurchaser, including Xxxxxx InvestmentsConsultant, seeks to register bears to the total number of Registrable Securities sought to be included by all Holders, including Xxxxxx InvestmentsConsultant.

LIMITATION ON OBLIGATIONS TO REGISTER. (a) In the case of a Piggyback Registration on an underwritten public offering by the Company, if the managing underwriter determines and advises in writing that the inclusion in the registration statement of all Registrable Securities proposed to be included would interfere with the successful marketing of the securities proposed to be registered offered and sold by the Company, then the number of such Registrable Securities Securities, if any, to be included in the registration statement as determined by the managing underwriter shall be allocated among all Holders who had requested Piggyback Registration, in the proportion that the number of Registrable Securities which each such Holder, including Xxxxxx Investments, seeks to register bears to the total number of Registrable Securities sought to be included by all Holders, including Xxxxxx Investments.

LIMITATION ON OBLIGATIONS TO REGISTER. (a) In the case of a Piggyback Registration on an underwritten public offering by the Company, if the managing underwriter determines and advises in writing that the inclusion in the registration statement of all Registrable Securities proposed to be included would interfere with the successful marketing of the securities proposed to be registered by the Company, then the number of such Registrable Securities to be included in the registration statement shall be allocated among all Holders Holder who had requested Piggyback Registration, in the proportion that the number of Registrable Securities which each such Holder, Holder [including Xxxxxx Investments, ] seeks to register bears to the total number of Registrable Securities sought to be included by all Holders, Holders [including Xxxxxx Investments]; provided that provided that in no event shall the number of Registrable Securities be less than 20% of the total number of shares included in such registration.

LIMITATION ON OBLIGATIONS TO REGISTER. (a) In the case of a Piggyback Registration on an underwritten public offering by the Company, if the managing underwriter determines and advises in writing that the inclusion in the registration statement of all Registrable Securities Shares proposed to be included would interfere with the successful marketing of the securities proposed to be registered by the Company, then the number of such Registrable Securities Shares to be included in the registration statement shall be allocated among all Holders who had requested Piggyback Registration, in the proportion that the number of Registrable Securities Shares which each such Holder, including Xxxxxx Investments, seeks to register bears to the total number of Registrable Securities Shares sought to be included by all Holders, including Xxxxxx Investments; provided that in no event shall the number of Registrable Securities be less than 20% of the total number of shares included in such registration.