Common use of Priority in Incidental Registration Clause in Contracts

Priority in Incidental Registration. In a registration pursuant to this Section 4.2, if the managing underwriter of such underwritten offering shall inform the Company and the relevant Stockholders by letter of its belief that the number of shares of Common Stock or Common Stock Equivalents, as the case may be, to be included in such registration would adversely affect its ability to effect such offering, then the Company will be required to include in such registration only that number of shares of Common Stock or Common Stock Equivalents which it is so advised should be included in such offering. Shares of Common Stock or Common Stock Equivalents proposed by the Company to be registered for issuance by the Company shall have the first priority in a registration pursuant to Section 4.2(a) and all other shares of Common

Priority in Incidental Registration. In a registration pursuant to ----------------------------------- this Section 4.2Article III, if the managing underwriter of any such underwritten offering shall inform the Company and the relevant Stockholders by letter of its belief that the number of shares of Shareholder Common Stock or Common Stock Equivalents, as the case may be, to be included in such registration would adversely affect its ability to effect such offering, then the Company will be required to include in such registration only that number of shares of Shareholder Common Stock or Common Stock Equivalents which it is so advised should be included in such offering. Shares of Shareholder Common Stock or Common Stock Equivalents proposed by the Company to be registered for issuance by the Company shall have the first priority in a registration pursuant to Section 4.2(a) and all other shares of CommonShareholder Common Stock to be registered,including any and