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 Company 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 Company 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 proposed to be included in such Registration by such Holder; 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 shall be included in such Registration Statement.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement (Microcide Pharmaceuticals Inc)

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Marketing Limitation in Demand Registration. In the event the Underwriter's ’s Representative advises the Company Initiating Holder in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary Shares requested to be Registered, the general condition of the market, and the status of the persons Persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company 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 proposed to be included in such Registration by such Holder; provided, however, that the number of shares respective amounts of Registrable Securities entitled to be included inclusion in such underwriting shall not be reduced unless all other securities (including that Registration held by those proposed to be included by Holders at the Company and time of filing the officers and directors of the Company) are first entirely excluded from the underwritingRegistration Statement. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 7.5(c) shall be included in such that Registration Statement.

Appears in 1 contract

Samples: Shareholder Agreement (China Digital TV Holding Co., Ltd.)

Marketing Limitation in Demand Registration. In the event If the Underwriter's ’s Representative advises the Company in writing Holders that market factors (including, without limitationbut not limited to, 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 Persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company shall so advise all HoldersHolders of Registrable Securities that would otherwise be underwritten thereto, and the number of shares of Registrable Securities that may to be included in the Registration and underwriting shall be allocated first among all Holders in proportion, as nearly as practicable, to the number respective amounts of shares proposed Registrable Securities requested by such Holders to be included in such Registration by such Holderincluded; provided, however, provided that the number of shares of Registrable Securities held by Holders to be included in such underwriting shall pursuant to Section 4.1 or 4.2 will 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 shall be included in such Registration Statement.

Appears in 1 contract

Samples: Investor Rights Agreement (Tivo Inc)

Marketing Limitation in Demand Registration. In the event the Underwriter's ’s Representative advises the Company 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 Company shall so advise all HoldersHolders of Registrable Securities which would otherwise be underwritten thereto, and the number of shares of Registrable Securities that may to be included in the Registration and underwriting shall be allocated among all other Holders in proportion, as nearly as practicable, to the number of shares proposed to be included in such Registration by such Holder; provided, however, that the number of shares respective amounts of Registrable Securities entitled to be included inclusion in such underwriting shall not be reduced unless all other securities (including that Registration held by those proposed to be included by Holders at the Company and time of filing the officers and directors of the Company) are first entirely excluded from the underwritingRegistration Statement. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 8.3(d) shall be included in such that Registration Statement.

Appears in 1 contract

Samples: Shareholder Agreements (E-Commerce China Dangdang Inc.)

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Marketing Limitation in Demand Registration. In the event the Underwriter's Representative advises the Company 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 Company 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 Initiating Holders in proportion, as nearly as practicable, to the number of shares proposed to be included in such Registration by such Holder; provided, however, that the number of shares respective amounts of Registrable Securities entitled to be included inclusion in such underwriting shall not be reduced unless all other securities (including that Registration held by those proposed to be included by Initiating Holders at the Company and time of filing the officers and directors of the Company) are first entirely excluded from the underwritingRegistration Statement. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 7.5(d) shall be included in such that Registration Statement.

Appears in 1 contract

Samples: Shareholder Agreement (Shanda Interactive Entertainment LTD)

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