Common use of Priority in Requested Registrations Clause in Contracts

Priority in Requested Registrations. If a requested registration pursuant to this Section 3 involves an underwritten offering and the managing underwriter(s) advises the Company in writing that, in its opinion, the number of securities to be included in such registration would be likely to have an adverse effect on the price, timing or distribution of the securities to be offered in such offering as contemplated by the Holders (an “Adverse Effect”), then the Company shall include in such registration Registrable Securities requested to be included in such registration by the Demand Party and all other Holders of Registrable Securities pursuant to this Section 3 on a pro rata basis based on the number of Registrable Securities requested to be included, to the extent that the managing underwriter(s) believes that such Registrable Securities can be sold in such offering without having an Adverse Effect. If the managing underwriter of any underwritten offering shall advise the Holders participating in a registration pursuant to this Section 3 that the Registrable Securities covered by the registration statement cannot be sold in such offering within a price range acceptable to the Demand Party, then the Demand Party shall have the right to notify the Company that it has determined that the registration statement be abandoned or withdrawn, in which event the Company shall abandon or withdraw such registration statement; provided, however, that the Demand Party shall only be entitled to require that the Company abandon or withdraw the registration statement on one occasion.

Priority in Requested Registrations. If a requested registration pursuant to this Section 3 involves an underwritten offering and the managing underwriter(s) underwriter advises the Company in writing that, in its opinion, the number of securities to be included in such registration would be likely to have an adverse effect on the price, timing or distribution of the securities to be offered in such offering as contemplated by the Holders (an “Adverse Effect”), then the Company shall include in such registration Registrable Securities Common Shares requested to be included in such registration by the Demand Party and all other Holders of Registrable Securities Common Shares pursuant to this Section 3 on a pro rata basis based on the number of Registrable Securities Common Shares requested to be included, to the extent that the managing underwriter(s) underwriter believes that such Registrable Securities Common Shares can be sold in such offering without having an Adverse Effect. If the managing underwriter of any underwritten offering shall advise the Holders participating in a registration pursuant to this Section 3 that the Registrable Securities Common Shares covered by the registration statement cannot be sold in such offering within a price range acceptable to the Demand Party, then the Demand Party shall have the right to notify the Company that it has determined that the registration statement be abandoned or withdrawn, in which event the Company shall abandon or withdraw such registration statement; provided, however, that the Demand Party shall only be entitled to require that the Company abandon or withdraw the registration statement on one occasion.

Priority in Requested Registrations. If a requested registration pursuant to this Section 3 4.2 involves an underwritten offering and the managing underwriter(s) underwriter advises the Company in writing that, in its opinion, the number of securities to be included in such registration would be likely to have an adverse effect on the price, timing or distribution of the securities to be offered in such offering as contemplated by the Holders (an “Adverse Effect”"ADVERSE EFFECT"), then the Company shall include in such registration Company Registrable Securities requested to be included in such registration by the Demand Party and all other Holders of Company Registrable Securities pursuant to this Section 3 4.2 on a pro rata basis based on the number of Registrable Securities requested to be included, to the extent that the managing underwriter(s) underwriter believes that such Company Registrable Securities can be sold in such offering without having an Adverse Effect. If the managing underwriter of any underwritten offering shall advise the Holders participating in a registration pursuant to this Section 3 4.2 that the Company Registrable Securities covered by the registration statement cannot be sold in such offering within a price range acceptable to the Demand Party, then the Demand Party shall have the right to notify the Company that it has determined that the registration statement be abandoned or withdrawn, in which event the Company shall abandon or withdraw such registration statement; provided, however, that the Demand Party shall only be entitled to require that the Company abandon or withdraw the registration statement on one occasion.

Priority in Requested Registrations. If a requested registration pursuant to this Section 3 involves an underwritten offering and the managing underwriter(s) underwriter advises the Company and the Demand Party in writing that, in its opinion, the number of securities to be included in such registration would be likely to have an adverse effect on the price, timing or distribution of the securities to be offered in such offering as contemplated by the Holders (an “Adverse Effect”), then the Company shall include in such registration Registrable Securities requested to be included in such registration by the Demand Party and all other Holders of Registrable Securities pursuant to this Section 3 on a pro rata basis based on the number of Registrable Securities requested to be included, to the extent that the managing underwriter(s) underwriter believes that such Registrable Securities can be sold in such offering without having an Adverse Effect. If the managing underwriter of any underwritten offering shall advise the Holders participating in a registration pursuant to this Section 3 that the Registrable Securities covered by the registration statement cannot be sold in such offering within a price range acceptable to the Demand Party, then the Demand Party shall have the right to notify the Company that it has determined that the registration statement be abandoned or withdrawn, in which event the Company shall abandon or withdraw such registration statement; provided, however, that the Demand Party shall only be entitled to require that the Company abandon or withdraw the registration statement on one occasion.

Priority in Requested Registrations. If a requested registration pursuant to this Section 3 4.2 involves an underwritten offering and the managing underwriter(s) underwriter advises the Company in writing that, in its opinion, the number of securities to be included in such registration would be likely to have an adverse effect on the price, timing or distribution of the securities to be offered in such offering as contemplated by the Holders (an “Adverse Effect”), then the Company shall include in such registration Company Registrable Securities requested to be included in such registration by the Demand Party and all other Holders of Company Registrable Securities pursuant to this Section 3 4.2 on a pro rata basis based on the number of Registrable Securities requested to be included, to the extent that the managing underwriter(s) underwriter believes that such Company Registrable Securities can be sold in such offering without having an Adverse Effect. If the managing underwriter of any underwritten offering shall advise the Holders participating in a registration pursuant to this Section 3 4.2 that the Company Registrable Securities covered by the registration statement cannot be sold in such offering within a price range acceptable to the Demand Party, then the Demand Party shall have the right to notify the Company that it has determined that the registration statement be abandoned or withdrawn, in which event the Company shall abandon or withdraw such registration statement; provided, however, that the Demand Party shall only be entitled to require that the Company abandon or withdraw the registration statement on one occasion.

Priority in Requested Registrations. If a requested registration pursuant to this Section 3 involves an underwritten offering and the managing underwriter(s) underwriter advises the Company and the Demand Party in writing that, in its opinion, the number of securities to be included in such registration would be likely to have an adverse effect on the price, timing or distribution of the securities to be offered in such offering as contemplated by the Holders (an “Adverse Effect”), then the Company shall include in such registration Registrable Securities Common Shares requested to be included in such registration by the Demand Party and all other Holders of Registrable Securities Common Shares pursuant to this Section 3 on a pro rata basis based on the number of Registrable Securities Common Shares requested to be included, to the extent that the managing underwriter(s) underwriter believes that such Registrable Securities Common Shares can be sold in such offering without having an Adverse Effect. If the managing underwriter of any underwritten offering shall advise the Holders participating in a registration pursuant to this Section 3 that the Registrable Securities Common Shares covered by the registration statement cannot be sold in such offering within a price range acceptable to the Demand Party, then the Demand Party shall have the right to notify the Company that it has determined that the registration statement be abandoned or withdrawn, in which event the Company shall abandon or withdraw such registration statement; provided, however, that the Demand Party shall only be entitled to require that the Company abandon or withdraw the registration statement on one occasion.