Marketing Limitation in Piggyback Registration. In the event the Underwriter's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 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, the Underwriter's Representative (subject to the allocation priority set forth in Section 3.2.2(b)) may: i. in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such Registration and underwriting; and ii. in the case of any subsequent registered public offering, limit the number of shares of Registrable Securities to be included in such Registration and underwriting to not less than thirty percent (30%) of the securities included in such Registration (based on aggregate market values).
Appears in 1 contract
Samples: Investor Rights Agreement (Somaxon Pharmaceuticals, Inc.)
Marketing Limitation in Piggyback Registration. In the event the Underwriter's ’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 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, the Underwriter's ’s Representative (subject to the allocation priority set forth in Section 3.2.2(b3.2.2(c)) may:
i. in the case of the first registered offering of the Company's initial Registered public offering’s securities, exclude some or all Registrable Securities from such Registration and underwriting; and
ii. in the case of any subsequent registered public offeringoffering of the Company’s securities, limit the number of shares of Registrable Securities to be included in such Registration and underwriting to not less than thirty percent (30%) of the securities included in such Registration (based on aggregate market values).
Appears in 1 contract
Samples: Investor Rights Agreement (Cadence Pharmaceuticals Inc)
Marketing Limitation in Piggyback Registration. In the event If the Underwriter's ’s Representative advises the Holders and the Longitude Holders seeking Registration of Piggyback Registrable Securities pursuant to this Section 3.2 4 or pursuant to the Longitude Rights Agreement, as applicable, 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, the Underwriter's ’s Representative (subject to the allocation priority set forth in Section 3.2.2(b4.2(c)) may:
i. in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such Registration and underwriting; and
ii. in the case of any subsequent registered public offering, may limit the number of shares of Piggyback Registrable Securities to be included in such Registration and underwriting to not less than thirty percent (30%) of the total number of securities included in such Registration (based on aggregate market values)Registration.”
Appears in 1 contract
Samples: Investor Rights Agreement (Jazz Pharmaceuticals Inc)
Marketing Limitation in Piggyback Registration. In the event the Underwriter's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 7 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, the Underwriter's Representative (subject to the allocation priority set forth in Section 3.2.2(b)7.2.3) may:
i. (a) in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such Registration registration and underwriting; and
ii. (b) in the case of any Registered public offering subsequent registered to the initial public offering, limit the number of shares of Registrable Securities to be included in such Registration and underwriting to not less than thirty percent (30%) of the securities included in such Registration (based on aggregate market values).
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Com21 Inc)
Marketing Limitation in Piggyback Registration. In the event If the Underwriter's ’s Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 7 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, the Underwriter's ’s Representative (subject to the allocation priority set forth in Section 3.2.2(b7.2(c)) may:
i. (i) in the case of the Company's ’s initial Registered public offering, exclude some or all of the Registrable Securities from such Registration registration and underwriting; and
(ii. ) in the case of any Registered public offering subsequent registered to the initial public offering, limit the number of shares of Registrable Securities to be included in such Registration and underwriting to not less than thirty percent (30%) % of the securities included in such Registration (based on aggregate market values)Registration.
Appears in 1 contract
Samples: Investor Rights Agreement (Jazz Pharmaceuticals Inc)
Marketing Limitation in Piggyback Registration. In the event If the Underwriter's ’s Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 7 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, the Underwriter's ’s Representative (subject to the allocation priority set forth in Section 3.2.2(b)7.2.3) may:
i. (a) in the case of the Company's ’s initial Registered public offering, exclude some or all Registrable Securities from such Registration registration and underwriting; and
ii. (b) in the case of any Registered public offering subsequent registered to the initial public offering, limit the number of shares of Registrable Securities to be included in such Registration and underwriting to not less than thirty percent (30%) 25% of the securities included in such Registration (based on aggregate market values).
Appears in 1 contract
Samples: Information and Registration Rights Agreement (Synageva Biopharma Corp)