Marketing Limitation in Piggyback Registration. In the event ---------------------------------------------- the Underwriter's Representative advises the Holders seeking registration of Registrable Securities pursuant to Section 5.2 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 5.2.2(c)) may exclude some or all Registrable Securities from such registration and underwriting, but in no event shall (i) the amount of securities of the selling Holders be reduced below 20% of the total amount of securities included in such offering, unless such offering is the initial public offering of the Company's securities in which case the selling Holders may be excluded in full if no other stockholder's securities are included and (ii) notwithstanding clause (i) above, any shares being sold by a stockholder exercising a demand registration right similar to that granted in Section 5.1 be excluded from such offering.
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Marketing Limitation in Piggyback Registration. In Notwithstanding anything in this Section 8 to the event ---------------------------------------------- contrary, if the Underwriter's Representative advises the Holders seeking registration Registration of Registrable Securities pursuant to this Section 5.2 8 in writing that market marketing 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 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 5.2.2(c8.2(c)) may may:
(i) in the case of the Company's initial public offering pursuant to a Registration Statement, exclude some or all Registrable Securities from such registration the Registration and underwriting; and
(ii) in the case of any Registered public offering subsequent to the initial public offering, limit the number of shares of Registrable Securities to be included in the Registration and underwriting, but in no event shall to not less than thirty-five percent (i35%) the amount of securities of the selling Holders Registrable Securities requested to be reduced below 20% of the total amount of securities included in such offering, unless such offering is the initial public offering of the Company's securities in which case the selling Holders may be excluded in full if no other stockholder's securities are included and (ii) notwithstanding clause (i) above, any shares being sold by a stockholder exercising a demand registration right similar to that granted in Section 5.1 be excluded from such offeringRegistration.
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Samples: Shareholders Agreement (Yingli Green Energy Holding Co LTD)
Marketing Limitation in Piggyback Registration. In Notwithstanding anything in this Section 8 to the event ---------------------------------------------- contrary, if the Underwriter's Representative advises the Holders seeking registration Registration of Registrable Securities pursuant to this Section 5.2 8 in writing that market marketing 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 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 5.2.2(c8.2(c)) may may:
(i) in the case of the Company's initial public offering pursuant to a Registration Statement, exclude some or all Registrable Securities from such registration the Registration and underwriting; and
(ii) in the case of any Registered public offering subsequent to the initial public offering, limit the number of shares of Registrable Securities to be included in the Registration and underwriting, but in no event shall to not less than thirty-five percent (i35%) the amount of securities of the selling Holders be reduced below 20% Series A Registrable Securities and not less than twenty five percent (25%) of the total amount of securities Series B Registrable Securities requested to be included in such offering, unless such offering is the initial public offering of the Company's securities in which case the selling Holders may be excluded in full if no other stockholder's securities are included and (ii) notwithstanding clause (i) above, any shares being sold by a stockholder exercising a demand registration right similar to that granted in Section 5.1 be excluded from such offeringRegistration.
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Samples: Shareholders Agreement (Yingli Green Energy Holding Co LTD)
Marketing Limitation in Piggyback Registration. In the event ---------------------------------------------- If the Underwriter's ’s Representative advises the Company and the Holders seeking registration Registration of Registrable Securities pursuant to this Section 5.2 5 in writing 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, the Underwriter's ’s Representative (subject to the allocation priority set forth in Section 5.2.2(c5.2(c)) may exclude some or all Registrable Securities from such registration and underwriting, but in no event shall may:
(i) in the amount of securities case of the selling Holders be reduced below 20% Company’s initial public offering, exclude all of the total Registrable Securities proposed to be included in the Registration; and
(ii) in the case of any Registered public offering subsequent to the Company’s initial public offering, limit the number of Registrable Securities to be included in the Registration and underwriting so that the number of Registrable Securities so included is not less than 30% (or such lesser amount as agreed to by the holders of a majority of the then outstanding Registrable Securities to be included in such Registration) of the aggregate securities included in such offering, unless such offering is the initial public offering of the Company's securities in which case the selling Holders may be excluded in full if no other stockholder's securities are included and (ii) notwithstanding clause (i) above, any shares being sold by a stockholder exercising a demand registration right similar to that granted in Section 5.1 be excluded from such offeringRegistration.
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Samples: Investor Rights Agreement (Tivo Inc)