Common use of Marketing Limitation in Piggyback Registration Clause in Contracts

Marketing Limitation in Piggyback Registration. In ---------------------------------------------- the event the Underwriter's Representative advises the Holders seeking registration of Registrable Securities pursuant to Section 3 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 3.2.3) may: (a) in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such registration and underwriting; and (b) 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-three and one-third percent (33-1/3%) of the securities included in such Registration (based on aggregate market values).

Marketing Limitation in Piggyback Registration. In ---------------------------------------------- the event the Underwriter's Underwriters' Representative advises the Holders seeking registration of Registrable Securities pursuant to this Section 3 8 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 Underwriters' Representative (subject to the allocation priority set forth in Section 3.2.38.2.3) may: (a) in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such registration and underwriting; and (b) in the case of any subsequent Registered public offering, may limit the number of shares of Registrable Securities to be included in such Registration and underwriting to not less than thirtytwenty-three and one-third five percent (33-1/325%) of the securities included in such Registration (based on aggregate market values); provided, however, if such offering is the Company's initial Qualified IPO and such Registration does not include shares of any other selling shareholders, any or all of the Registrable Securities of the Holders may be excluded. In no event will shares of any other selling shareholder be included in such registration which would reduce the number of shares which may be included by Holders without the written consent of Holders of not less than sixty-six and two-thirds percent (662/3%) of the Registrable Securities proposed to be sold in the offering.

Marketing Limitation in Piggyback Registration. In ---------------------------------------------- the event the Underwriter's Representative advises the Holders seeking registration of Registrable Securities pursuant to Section 3 4 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 3.2.34.2.3) may: (a) in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such registration and underwriting; and; (b) in the case of any the first 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 more than thirty-three and one-third twenty percent (3320%) of the securities included in such Registration (based on aggregate market values); and (c) 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 more than twenty-1/3five percent (25%) of the securities included in such Registration (based on aggregate market values).

Marketing Limitation in Piggyback Registration. In ---------------------------------------------- the event the Underwriter's ’s Representative advises the Holders Investors seeking registration Registration of Registrable Securities pursuant to this Section 3 5.1 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 3.2.35.1.2(c)) may: (a) i. in the case of the Company's initial ’s first Registered public offeringoffering after the date hereof, exclude some or all Registrable Securities from such registration Registration and underwriting; and (b) ii. in the case of any subsequent Registered registered public offering, limit the number of shares of Registrable Securities (together with any shares to be Registered pursuant to the May 2012 Agreement, collectively, the “Designated Securities”), to be included in such Registration and underwriting to not less than thirty-three and one-third thirty percent (33-1/330%) of the securities included in such Registration (based on aggregate market values); provided that the only securities included in such Registration are those offered by the Company and/or the Designated Securities.

Marketing Limitation in Piggyback Registration. In the ---------------------------------------------- the event the Underwriter's Representative advises the Holders seeking registration of Registrable Securities pursuant to Section 3 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 3.2.37.2.3) may: (a) in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such registration and underwriting; and; (b) in the case of any the first 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-three and one-third twenty percent (33-1/320%) of the securities included in such Registration (based on aggregate market values); and (c) 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 twenty five percent (25%) of the securities included in such Registration (based on aggregate market values).

Marketing Limitation in Piggyback Registration. In ---------------------------------------------- the event the Underwriter's Representative advises the Holders seeking registration of Registrable Securities pursuant to Section 3 9 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 3.2.39.2.3) may: (a) in the case of the Company's initial Registered public offering, exclude some or all Registrable Securities from such registration and underwriting; and; (b) in the case of any the first 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-three and one-third twenty percent (3320%) of the securities included in such Registration (based on aggregate market values); and (c) 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 twenty-1/3five percent (25%) of the securities included in such Registration (based on aggregate market values).