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 of all securities which persons holding securities that have piggyback registration rights have requested be included therein would interfere with the successful marketing of the securities proposed to be registered by the Company, then the number of such Registrable Securities which the Holders entitled to participate in a Piggyback Registration have requested be included in such a registration shall be allocated among all persons holding securities that have piggyback registration rights on a pro-rata basis.

LIMITATION ON OBLIGATIONS TO REGISTER. (a) In the case of a Piggyback Registration on or an underwritten public offering by the Company, if the managing underwriter determines and advises in writing that the inclusion in the registration of all securities which persons holding securities that have piggyback registration rights have requested be included therein would interfere with the successful marketing of the securities proposed to be registered by the Company, then the number of such Registrable Securities which the Holders entitled to participate in a Piggyback Registration have requested be included in such a registration shall be allocated among all persons holding securities that have piggyback registration rights on a pro-rata basis.