Common use of Priority in Cutback Registrations Clause in Contracts

Priority in Cutback Registrations. If a Demand Registration becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (i) first, Registrable Securities requested to be included in such registration by the Requesting Holders, pro rata on the basis of the number of Registrable Securities requested to be included by such holders and (ii) second, other securities of the Company proposed to be included in such registration, allocated among the holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Registration.

Appears in 2 contracts

Samples: Registration Rights Agreement (Fidelity Holdings Inc), Registration Rights Agreement (Fidelity Holdings Inc)

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Priority in Cutback Registrations. If a Demand Requested Registration becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (i) first, Registrable Securities requested to be included in such registration by the Requesting Holders, pro rata on the basis of the number of Registrable Securities requested to be included by such holders and (ii) second, second other securities of the Company proposed to be included in such registration, allocated among the holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Requested Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Viskase Companies Inc)

Priority in Cutback Registrations. If a Demand Requested Registration --------------------------------- becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (i) first, Registrable Securities requested to be included in such registration by the Requesting Holders, pro rata on the basis of the number of Registrable Securities ----- requested to be included by such holders the Requesting Holder, and (ii) second, other ------ securities of the Company Company, if permitted, proposed to be included in such registration, allocated among the Company and the holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Requested Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Aviation Sales Co)

Priority in Cutback Registrations. If a Demand Requested Registration becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (i) first, Registrable Securities requested to be included in such registration by the Requesting Holders, pro rata on the basis of the number of Registrable Securities requested to be included by such holders holders, and (ii) second, other securities of the Company proposed to be included in such registration, allocated among the holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Requested Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (First Albany Companies Inc)

Priority in Cutback Registrations. If a Demand Requested Registration becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (ia) first, Registrable Securities requested to be included in such registration by the Requesting Holders, pro rata on the basis of the number of Registrable Securities requested to be included by such holders and (iib) second, other securities of the Company proposed to be included in such registration, allocated among the holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Requested Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Viskase Companies Inc)

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Priority in Cutback Registrations. If a Demand Requested Registration becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (i) first, Registrable Securities requested to be included in such registration by the Requesting Holdersregistration, pro rata on the basis of the number of Registrable Securities requested to be included by such holders and (ii) second, other securities of the Company proposed to be included in such registration, allocated among the holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Requested Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Hard Rock Hotel Inc)

Priority in Cutback Registrations. If a Demand Requested Registration becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (i) first, Registrable Securities requested to be included in such registration by the Requesting HoldersRestricted Group, pro rata on the basis of the number of Registrable Securities requested to be included by such holders and (ii) second, other securities of the Company proposed to be included in such registration, allocated among the Company and any holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Requested Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Graham Field Health Products Inc)

Priority in Cutback Registrations. If a Demand Requested Registration becomes a Cutback Registration, the Company will include in any such registration to the extent of the number which the Managing Underwriter advises the Company can be sold in such offering (i) first, Registrable Securities requested to be included in such registration by the Requesting HoldersHolder, pro rata on the basis of the number of Registrable Securities requested to be included by such holders and (ii) second, other securities of the Company Company, if permitted, proposed to be included in such registration, allocated among the Company and the holders thereof in accordance with the priorities then existing among the Company and the holders of such other securities; and any securities so excluded shall be withdrawn from and shall not be included in such Demand Requested Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Zixit Corp)

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