Common use of Priority in Incidental Registrations Clause in Contracts

Priority in Incidental Registrations. If the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform the Company and the Investor by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering:

Priority in Incidental Registrations. If a registration pursuant to this Section 3 involves an underwritten public offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform or underwriters in good faith advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested which the Company, the Holders and any other Persons intend to be included include in such registration exceeds the largest number of securities which can be sold in such offeringoffering without having an adverse effect on such offering (including the price at which such securities can be sold), then the Company will promptly give the Holders written notice thereof, and the Company shall include in such registration, to the extent of the number which the Company is so advised can be sold in such offering:

Priority in Incidental Registrations. If the managing underwriter ------------------------------------- of the underwritten offering contemplated by a registration pursuant to this Paragraph Section 3 shall inform advise the Company and the Investor by letter of in writing that, in its belief that view, the number or mix of securities requested (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend to be included include in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offeringMaximum Offering Size:

Priority in Incidental Registrations. If a registration pursuant to this paragraph 3 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, registration to the extent of the number which the Company is so advised can be sold in such offeringoffering securities determined as follows:

Priority in Incidental Registrations. If a registration pursuant to this section 2.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, registration to the extent of the number which the Company is so advised can be sold in such offeringoffering securities determined as follows:

Priority in Incidental Registrations. If a registration pursuant to this Section 1.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, registration to the extent of the number which the Company is so advised can be sold in such offeringoffering securities determined as follows:

Priority in Incidental Registrations. If a registration pursuant to Section 2.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration including the Incidental Registered Shares exceeds the number which can be sold in such offering, then offering without having an adverse effect on such offering as contemplated by the Company will include in such registration, to (including the extent of the number price at which the Company is so advised can proposes to sell such securities), then all shares otherwise to be sold in such offering:by

Priority in Incidental Registrations. If the managing underwriter ------------------------------------- of the any underwritten offering contemplated by this Paragraph 3 shall inform the Company and the Investor by letter of its belief that the number of securities Registrable Securities requested to be included in such registration exceeds registration, when added to the number which can of other securities to be sold in such offering, then the Company will include offered in such registration, to the extent of the number which the Company is so advised can be sold in such offering:would

Priority in Incidental Registrations. If (i) Subject to paragraph (ii) below, if a registration pursuant to this Section 3 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of that, in its belief that opinion, the number of equity securities (including Registrable Securities requested to be included in such offering by the Selling Holders) that the Company and the Selling Holders intend to include in such registration exceeds the Maximum Offering Size, the number which can of such securities to be sold included in such offeringregistration shall be reduced to such extent, then and the Company will include in such registration, registration up to the extent of the number which the Company is so advised can be sold in such offeringMaximum Offering Size as follows:

Priority in Incidental Registrations. If the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 Section 2.2 shall inform the Company and Holders of the Investor Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering:, (i) first securities proposed by the Company to be sold for its own account, and

Priority in Incidental Registrations. If a registration pursuant to this Section 4.3 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then so as to be likely to have an adverse effect on the Company will include price, timing or distribution of the securities offered in such registration, to the extent of the number which the Company is so advised can be sold in such offering:offering as 15

Priority in Incidental Registrations. If a registration pursuant to this section 9.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offeringoffering within a price range acceptable to the Company, then the Company will include in such registration, registration to the extent of the number which the Company is so advised can be sold in such offeringoffering securities determined as follows:

Priority in Incidental Registrations. If a registration pursuant to this Section 3 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in would have an adverse effect on such offering, then including the price at which such shares can be sold, the Company will include in such registration, to registration the extent maximum number of the number securities which the Company it is so advised by such managing underwriter can be sold in without such offeringan adverse effect, allocated as follows:

Priority in Incidental Registrations. If a registration pursuant to this Section 9.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, registration to the extent of the number which the Company is so advised can be sold in such offeringoffering securities determined as follows:

Priority in Incidental Registrations. If a registration pursuant to this paragraph 14.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, registration to the extent of the number which the Company is so advised can be sold in such offeringoffering securities determined as follows:

Priority in Incidental Registrations. If a registration pursuant to this section 9.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering:included

Priority in Incidental Registrations. If a registration pursuant to this section 9.2 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, registration to the extent of the number which the Company is so advised can be sold in such offeringoffering securities determined as follows:

Priority in Incidental Registrations. If a registration pursuant to this Section 3 involves an underwritten offering and the managing underwriter ------------------------------------- of the underwritten offering contemplated by this Paragraph 3 shall inform advises the Company and the Investor by letter of in writing that, in its belief that opinion, the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, so as to be likely to have an adverse effect on such offering as contemplated by the Company (including the price at which the Company proposes to sell such securities), then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering: