Priority in Demand Registrations. If a demand registration pursuant to this Section 2.1 involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy sent to each Holder of the Shares requesting registration) that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the Purchaser, or such other Person demanding registration pursuant to Section 9 hereof, such registration will include only that number of the Shares and Prior Shares which the Company is so advised can be sold in such offering, drawn pro rata from the Holders of the Shares and the Prior Shares requesting such registration on the basis of the percentage of Shares and the Prior Shares held by the Holders of Shares which have requested that such securities be included. In connection with any such registration, no securities other than the Shares and the Prior Shares shall be covered by such registration.
Appears in 2 contracts
Samples: Subscription Agreement, Registration Rights Agreement (Consumer Portfolio Services Inc)
Priority in Demand Registrations. If a demand registration pursuant to this Section 2.1 2.01 involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy sent to each Holder holder of the Shares Registrable Securities requesting registration) that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the Purchaser, Purchasers or such other Person demanding person entitled to make a demand registration pursuant to Section 9 8 hereof, such registration will include only that number of the Shares and Prior Shares Registrable Securities which the Company is so advised can be sold in such offering, drawn pro rata from the Holders holders of the Shares and the Prior Shares Registrable Securities requesting such registration on the basis of the percentage of Shares and the Prior Shares Registrable Securities held by the Holders holders of Shares Registrable Securities which have requested that such securities be included. In connection with any such registration, no securities other than the Shares and the Prior Shares Registrable Securities shall be covered by such registration.
Appears in 2 contracts
Samples: Registration Rights Agreement (Harbinger Capital Partners Master Fund I, Ltd.), Registration Rights Agreement (Salton Maxim Housewares Inc)
Priority in Demand Registrations. If a demand registration pursuant to this Section 2.1 involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy sent to each Holder of the Shares Registrable Securities requesting registration) that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the Purchaser, or such other Person demanding registration pursuant to Section 9 hereofInitiating Holders, such registration will include only that number of the Shares and Prior Shares Registrable Securities which the Company is so advised can be sold in such offering, drawn pro rata from the Holders of the Shares and the Prior Shares Registrable Securities requesting such registration on the basis of the percentage of Shares and the Prior Shares Registrable Securities held by the Holders of Shares Registrable Securities which have requested that such securities be included. In connection with any such registration, no securities other than the Shares and the Prior Shares Registrable Securities shall be covered by such registration.
Appears in 2 contracts
Samples: Registration Rights Agreement (Pacificorp /Or/), Registration Rights Agreement (Covol Technologies Inc)
Priority in Demand Registrations. If a demand registration -------------------------------- pursuant to this Section 2.1 involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy sent to each Holder of the Shares requesting registration) that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the Purchaser, or such other Person demanding registration pursuant to Section 9 hereof, such registration will include only that number of the Shares and Prior Shares which the Company is so advised can be sold in such offering, drawn pro rata from the Holders of the Shares and the Prior Shares requesting such registration on the basis of the percentage of Shares and the Prior Shares held by the Holders of Shares which have requested that such securities be included. In connection with any such registration, no securities other than the Shares and the Prior Shares shall be covered by such registration.
Appears in 1 contract
Samples: Registration Rights Agreement (Consumer Portfolio Services Inc)
Priority in Demand Registrations. If a demand registration pursuant to this Section 2.1 2.01 involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy sent to each Holder holder of the Shares Registrable Securities requesting registration) that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering within a price range acceptable to the Purchaser, Purchasers or such other Person demanding person entitled to make a demand registration pursuant to Section 9 8 hereof, such registration will include only that number of the Shares and Prior Shares Registrable Securities which the Company is so advised can be sold in 8 such offering, drawn pro rata from the Holders holders of the Shares and the Prior Shares Registrable Securities requesting such registration on the basis of the percentage of Shares and the Prior Shares Registrable Securities held by the Holders holders of Shares Registrable Securities which have requested that such securities be included. In connection with any such registration, no securities other than the Shares and the Prior Shares Registrable Securities shall be covered by such registration.
Appears in 1 contract
Samples: Stock Purchase Agreement (Salton Maxim Housewares Inc)