Common use of Marketing Limitation in Demand Registration Clause in Contracts

Marketing Limitation in Demand Registration. In the event the Underwriter's Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registration) require a limitation of the number of shares to be underwritten, then the Initiating Holders shall so advise all Holders, and the number of shares of Registrable Securities that may be included in the registration and underwriting shall be allocated among all Holders in proportion, as nearly as practicable, to the number of shares held by such Holder at the time of filing the Registration Statement; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 shall be included in such Registration Statement.

Marketing Limitation in Demand Registration. In the ------------------------------------------- event the Underwriter's Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be registeredRegistered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registrationRegistration) require a limitation of the number of shares to be underwritten, then (i) first, the Common Stock (other than Registrable Securities) held by officers or directors of the Company, (ii) next, the securities other than Registrable Securities, and (iii) last, the securities requested to be registered by the Company, shall be excluded from such Registration to the extent required by such limitation. If a limitation of the number of shares is still required, the Initiating Holders shall so advise all Holders, Holders and the number of shares of Registrable Securities that may be included in the registration Registration and underwriting shall be allocated among all Holders in proportion, as nearly as practicable, to the number respective amounts of shares Registrable Securities entitled to inclusion in such Registration held by such Holder Holders at the time of filing the Registration Statement; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 2.5.4 shall be included in such Registration Statement.

Marketing Limitation in Demand Registration. In the event the Underwriter's Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock and other securities requested to be registeredRegistered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registrationRegistration) require a limitation of the number of shares to be underwritten, then (i) first the Common Stock (other than Registrable Securities) held by officers or directors of the Company, (ii) next the securities other than Registrable Securities and the securities set forth in the following subparagraph (iii), and (iii) last the securities requested to be Registered by the Company, shall be excluded from such Registration to the extent required by such limitation. If a limitation of the number of shares is still required, the Initiating Holders shall so advise all Holders, Holders and the number of shares of Registrable Securities that may be included in the registration Registration and underwriting shall be allocated among all Holders in proportion, as nearly as practicable, to the number of shares held by such Holder at the time of filing the Registration Statement; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 shall be included in such Registration Statement.respective amounts of

Marketing Limitation in Demand Registration. In the event the Underwriter's Representative advises the Initiating Holders in writing that the market factors (including, without limitation, the aggregate number of shares of Common Stock Shares requested to be registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registration) require a limitation of the number of shares to be underwritten, then the Initiating Holders shall so advise all Holdersholders of Registrable Securities, and the number of shares of Registrable Securities that may be included in the registration and underwriting shall be allocated among all Holders holders in proportion, as nearly as practicable, to the number of shares held proposed to be included in such registration by such Holder at the time of filing the Registration Statementholders; provided, however, that the number of shares Purchasers' Shares included in the aggregate of the Registrable Securities to be so included in such underwriting shall not be reduced unless all other Registrable Securities or other securities (including other than those proposed to be included sold by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 6.2(h) shall be included in such Registration Statement.

Marketing Limitation in Demand Registration. In the event the Underwriter's Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Shares requested to be registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registration) require a limitation of the number of shares to be underwritten, then the Initiating Holders shall so advise all Holdersholders of Registrable Securities, and the number of shares of Registrable Securities that may be included in the registration and underwriting shall be allocated among all Holders holders in proportion, as nearly as practicable, to the number of shares held proposed to be included in such registration by such Holder at the time of filing the Registration Statementholders; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 2(h) shall be included in such Registration Statement.

Marketing Limitation in Demand Registration. In the ------------------------------------------- event the Underwriter's Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be registeredRegistered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registrationRegistration) require a limitation of the number of shares to be underwritten, then the Initiating Holders shall so advise all Holders, and the number of shares of Registrable Securities that may be included in the registration Registration and underwriting shall be allocated among all Holders in proportion, as nearly as practicable, to the number of shares held proposed to be included in such Registration by such Holder at the time of filing the Registration StatementHolder; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company and the officers and directors of the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 2.4.4 shall be included in such Registration Statement.

Marketing Limitation in Demand Registration. In the event ------------------------------------------- the Underwriter's Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be registeredRegistered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registrationRegistration) require a limitation of the number of shares to be underwritten, then (i) first the Common Stock (other than Registrable Securities) held by officers or directors of the Company, (ii) next the securities other than Registrable Securities, and (iii) last the securities requested to be registered by the Company, shall be excluded from such Registration to the extent required by such limitation. If a limitation of the number of shares is still required, the Initiating Holders shall so advise all Holders, Holders and the number of shares of Registrable Securities that may be included in the registration Registration and underwriting shall be allocated among all Holders in proportion, as nearly as practicable, to the number respective amounts of shares Registrable Securities entitled to inclusion in such Registration held by such Holder Holders at the time of filing the Registration Statement; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 6(e)(iv) shall be included in such Registration Statement.

Marketing Limitation in Demand Registration. In the event the Underwriter's ’s Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be registeredRegistered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the registrationRegistration) require a limitation of the number of shares to be underwrittenunderwritten in the Registration initiated under this Section 6, then (i) first the Initiating Holders Common Stock (other than Registrable Securities) held by officers or directors of the Company shall so advise all Holdersbe excluded from such Registration, (ii) next the securities other than Registrable Securities shall be excluded, (iii) next the securities requested to be registered by the Company shall be excluded from such Registration, and (iv) finally, to the extent required by such limitation, the number of shares of Registrable Securities that may be included in the registration Registration and underwriting shall be allocated among all Holders in proportion, as nearly as practicable, to the number respective amounts of shares Registrable Securities entitled to inclusion in such Registration held by such Holder Holders at the time of filing the Registration Statement; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 shall be included in such Registration Statement.