Common use of Priority of Registration Clause in Contracts

Priority of Registration. If the Managing Underwriter or Underwriters of any proposed Underwritten Offering of Common Units advises the Company in writing that the total amount of Common Units which Co-Investment and any other Persons intend to include in such offering exceeds the number which can be sold in such offering without being likely to have an adverse effect in any material respect on the price, timing or distribution of the Common Units offered or the market for the Common Units, then the Common Units to be included in such Underwritten Offering shall include the number of Registrable Securities that such Managing Underwriter or Underwriters advises the Company can be sold without having such adverse effect, with such number to be first, allocated to the Company or the Person demanding such Underwritten Offering; if there remains availability for additional Common Units to be included in such Piggyback Registration, second, pro rata between the March Investors and the PIPE Investors, and, third, all pro rata among all others, including Co-Investment.

Priority of Registration. If the Managing Underwriter or Underwriters of any proposed Underwritten Offering of Common Units advises the Company in writing that the total amount of Common Units which Co-Investment Montierra and any other Persons intend to include in such offering exceeds the number which can be sold in such offering without being likely to have an adverse effect in any material respect on the price, timing or distribution of the Common Units offered or the market for the Common Units, then the Common Units to be included in such Underwritten Offering shall include the number of Registrable Securities that such Managing Underwriter or Underwriters underwriters advises the Company can be sold without having such adverse effect, with such number to be first, allocated to the Company or and the Person demanding such Underwritten Offering; if there remains availability for additional Common Units to be included in such Piggyback Registration, second, pro rata between the March Investors and the PIPE Investors, and, third, all pro rata among all others, including Co-InvestmentMontierra.