Common use of Priority in Piggyback Registrations Clause in Contracts

Priority in Piggyback Registrations. If the managing underwriter for a piggyback registration involving an underwritten Offering shall advise the Company in writing that, in its opinion, the number of securities of the Company (including Registrable Securities) requested to be included in such registration by the holders thereof exceeds the number of securities of the Company (the "Sale Number") which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall, subject to the requirements of the following sentence, include (i) first, all securities of the Company that the Company proposes to register for its own account; (ii) second, to the extent that the number of securities of the Company to be included by the Company is less than the Sale Number, all Registrable Securities requested to be included by the Shareholders and all other securities of the Company requested to be included by the holders thereof, pro rata based on the relative numbers of securities requested to be included by each.

Appears in 1 contract

Samples: Registration Rights Agreement (Imc Mortgage Co)

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Priority in Piggyback Registrations. If the managing underwriter for a piggyback registration involving an underwritten Offering shall advise offering advises the Company in writing that, in its opinion, the number of securities of the Company (including Registrable Securities) requested to be included in such registration by the holders thereof exceeds the number of securities of the Company (the "Sale Number") which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall, subject to the requirements of the following sentence, will include (i) first, all securities of the Company that the Company proposes to register for its own account; account and (ii) second, to the extent that the number of securities of the Company to be included by the Company is less than the Sale Number, all Registrable Securities requested to be included by the Shareholders Shareholder and all other securities of the Company requested to be included by the holders thereof, pro rata based on the relative numbers of securities requested to be included by each.

Appears in 1 contract

Samples: Registration Rights Agreement (Mortgage Com Inc)

Priority in Piggyback Registrations. If the managing underwriter for a piggyback registration involving an of the underwritten Offering offering shall advise inform the Company in writing that, in by letter of its opinion, opinion that the number of securities of the Company (including Registrable Securities) Securities requested to be included in such registration by would, in its opinion, materially adversely affect such offering, including the holders thereof exceeds price at which such securities can be sold, and the Company has so advised the Requesting Holders in writing, then the Company shall include in such registration, to the extent of the number of securities of which the Company (the "Sale Number") which is so advised can be sold in an orderly manner in (or during the time of) such offering within a price range acceptable to the Companyoffering, the Company shall, subject to the requirements of the following sentence, include (i) first, all securities of proposed by the Company that the Company proposes to register as so advised can be sold for its own account; (ii) , second, to the extent that the number of securities shares of Common Stock which the Company proposes to be included by the Company sell for its own account pursuant to Section 3.2(a) is less than the Sale Numbernumber of shares of Common Stock which the Company has been advised can be sold in such offering without having the material adverse effect referred to above, all such Registrable Securities requested to be included by the Shareholders and all other securities of the Company requested in such registration pursuant to be included by the holders thereof, pro rata based on the relative numbers of securities requested to be included by each.this Section 3.2,

Appears in 1 contract

Samples: Registration Rights Agreement (Next Generation Network Inc)

Priority in Piggyback Registrations. If the managing underwriter for a piggyback registration involving an underwritten Offering shall advise the Company in writing that, in its opinion, the number of securities of the Company company (including Registrable Securities) requested to be included in such registration by the holders thereof exceeds the number of securities of the Company (the "Sale Number") which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall, subject to the requirements requirement of the following sentence, include (i) first, all securities of the Company that the Company proposes to register for its own account; (ii) second, to the extent that the number of securities of the Company to be included by the Company is less than the Sale Number, all of the Registrable Securities requested to be included by the Shareholders Shareholder; and (iii) third, to the extent that the number of securities of the Company to be included by the Company and the Shareholder is less than the Sale Number, all other securities of the Company requested to be included by the holders thereof, other than the Registrable Securities requested to be included by the Shareholder, pro rata based on the relative numbers of securities requested to be included by each.

Appears in 1 contract

Samples: Registration Rights Agreement (Briana Investment Group L P)

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Priority in Piggyback Registrations. If the managing underwriter for a piggyback registration involving Piggyback Registration which involves an underwritten Offering offering shall advise the Company Corporation in writing that, in its opinion, the number of securities shares of stock of the Company Corporation (including Registrable SecuritiesStock) requested to be included in such registration by the holders thereof (including the Holders) exceeds the number of securities shares of stock of the Company Corporation (the "Sale Number") which can be sold in an orderly manner in such offering within a price range acceptable to the CompanyCorporation and the holders of shares of stock of the Corporation requested to be registered in such offering, the Company shall, subject to the requirements of the following sentence, Corporation shall include (i) first, all securities shares of stock of the Company Corporation that the Company Corporation proposes to register for its own account; account and (ii) second, to the extent that the number of securities shares of stock of the Company Corporation to be included by the Company Corporation is less than the Sale Number, all Registrable Securities Stock requested to be included by the Shareholders Investors and all other securities shares of stock of the Company Corporation requested to be included by the holders thereof, pro rata based on the relative numbers of securities shares requested to be included by each.

Appears in 1 contract

Samples: Registration Rights Agreement (Regency Realty Corp)

Priority in Piggyback Registrations. If the managing underwriter for a piggyback registration involving an underwritten Offering shall advise the Company in writing that, in its opinion, the number of securities of the Company (including Registrable Securities) requested to be included in such registration by the holders thereof exceeds the number of securities of the Company (the "Sale Number") which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall, subject to the requirements of the following sentence, include (i) first, all securities of the Company that the Company proposes to register for its own account; (ii) second, to the extent that the number of securities of the Company to be included by the Company is less than the Sale Number, all Registrable Securities requested to be included by the Shareholders Shareholders; and (iii) third, all other securities of the Company requested to be included by the holders thereof, pro rata based on the relative numbers of securities requested to be included by each.

Appears in 1 contract

Samples: Registration Rights Agreement (Imc Mortgage Co)

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