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