Common use of Priority in Requested Registrations Clause in Contracts

Priority in Requested Registrations. If a requested registration pursuant to this section 13.1 involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities requesting registration) that, in its opinion, 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 holders of a majority of the Registrable Securities requested to be included in such registration, 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, Registrable Securities requested to be included in such registration by the holder or holders of Registrable Securities, first, pro rata among the holders thereof requesting such registration on the basis of the number of such securities requested to be included by such holders, second, any such securities requested to be included by the Company and, third, pro rata among any other holders thereof, requesting such registration pursuant to section 13.2(b).

Appears in 1 contract

Samples: Non Voting Common Stock Purchase Warrant (Granite Broadcasting Corp)

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Priority in Requested Registrations. If a requested registration pursuant to this section 13.1 Section 4 involves an underwritten offering, offering and the managing underwriter shall advise or underwriters in good faith advises the Company in writing (with a copy to each holder of Registrable Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration (including securities of the Company which are not Registrable Shares) exceeds the largest number of securities which can be sold in such offering within a without having an adverse effect on such offering (including the price range acceptable to the holders of a majority of the Registrable Securities requested to at which such securities can be included in such registrationsold), 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 (i) first, Registrable Securities Shares requested to be included in such registration by any Holder and the holder or holders of Registrable Securities, first, securities held by other Persons requested to be included in such registration pro rata among the holders thereof requesting such registration Holders and other Persons on the basis of the number of such securities requested to be included by such holders, Holders and other Persons and (ii) second, any such securities requested to be included of the Company proposed by the Company and, third, pro rata among any other holders thereof, requesting such registration pursuant to section 13.2(b)be sold for its own account.

Appears in 1 contract

Samples: Registration Rights Agreement (Elder Beerman Stores Corp)

Priority in Requested Registrations. If a requested registration pursuant to this section 13.1 Section 2(a) involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy to each holder Person requesting registration of Registrable Securities requesting registrationSecurities) that, in its opinion, 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 Company and holders of a majority of the Registrable Securities requested to be included in such who initiated the registration, 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 (A) first, Registrable Securities requested to be included in such registration by the holder or holders of Registrable Securities, firstQuad-C Holders and the Executive Holders, pro rata among such holders in proportion to the holders thereof requesting number of Registrable Securities held by them, and (B) second, Registrable Securities requested to be included in such registration by all other holders thereof; pro rata among such holders on the basis of the number of such securities Registrable Securities requested to be included by such holders, second, any such securities requested to be included by the Company and, third, pro rata among any other holders thereof, requesting such registration pursuant to section 13.2(b)so registered.

Appears in 1 contract

Samples: Registration Rights Agreement (Asset Acceptance Capital Corp)

Priority in Requested Registrations. If a requested registration pursuant to this section 13.1 Section 4 involves an underwritten offering, offering and the managing underwriter shall advise or underwriters in good faith advises the Company in writing (with a copy to each holder of Registrable Securities requesting registration) that, in its opinion, the number of securities requested to be included in such registration (including securities of the Company which are not Registrable Shares) exceeds the largest number of securities which can be sold in such offering within a without having an adverse effect on such offering (including the price range acceptable to the holders of a majority of the Registrable Securities requested to at which such securities can be included in such registrationsold), 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 (i) first, Registrable Securities Shares requested to be included in such registration by any Holder and the holder or holders of Registrable Securities, first, securities held by Other Holders requested to be included in such registration pro rata among the holders thereof requesting such registration Holders and Other Holders on the basis of the number of such securities requested to be included by such holders, Holders and Other Holders and (ii) second, any such securities requested to be included of the Company proposed by the Company and, third, pro rata among any other holders thereof, requesting such registration pursuant to section 13.2(b)be sold for its own account.

Appears in 1 contract

Samples: Registration Rights Agreement (Nationsrent Inc)

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Priority in Requested Registrations. If a requested registration pursuant to this section 13.1 Section 2.1 involves an underwritten offering, and the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities requesting registration) that, in its opinion, 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 holders of a majority of the Registrable Securities requested to be included in such registration, 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, Registrable Securities requested to be included in such registration by the holder or holders of Registrable Securitiesregistration, first, allocated pro rata among the holders thereof requesting such registration on the basis of the number respective percentages of such securities requested to be included by such holders, second, any such securities requested to be included the Registrable Securities of the Company held by the Company and, third, pro rata among any other holders thereof, requesting of Registrable Securities which have requested that such registration pursuant to section 13.2(b).2 97

Appears in 1 contract

Samples: Subordinated Note and Warrant Purchase Agreement (Crown Crafts Inc)

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