Priority on Demand Registrations. The Company will not include in any Demand Registration any securities that are not Registrable Securities without the written consent of the holders of a majority of the Registrable Securities. If other securities are permitted to be included in a Demand Registration that is an underwritten offering and the managing underwriters advise the Company in writing that in their opinion the number of Registrable Securities and other securities requested to be included exceeds the number of Registrable Securities and other securities that can be sold in such offering, the Company will include in such registration, prior to the inclusion of any securities that are not Registrable Securities, the number of Registrable Securities requested to be included that in the opinion of such underwriters can be sold, pro rata among the respective holders on the basis of the amount of Registrable Securities so requested to be included therein.
Appears in 29 contracts
Samples: Registration Rights Agreement (LOGIC DEVICES Inc), Registration Rights Agreement (LOGIC DEVICES Inc), Registration Rights Agreement (LOGIC DEVICES Inc)
Priority on Demand Registrations. The Company will not include in any Demand Registration any securities that which are not Registrable Securities without the written consent of the holders of a majority of the Registrable SecuritiesXxxxxxx Holders. If other securities are permitted to be included in a Demand Registration that which is an underwritten offering and the managing underwriters advise the Company in writing that in their opinion the number of Registrable Securities and other securities requested to be included exceeds the number of Registrable Securities and other securities that which can be sold in such offeringoffering within a price range acceptable to the Xxxxxxx Holders, the Company will include in such registration, registration prior to the inclusion of any securities that which are not Registrable Securities, Securities the number of Registrable Securities requested to be included that which in the opinion of such underwriters can be soldsold within a price range acceptable to the Xxxxxxx Holders, pro rata among the respective holders on the basis of the amount of Registrable Securities so requested to be included thereinoffered thereby.
Appears in 3 contracts
Samples: Registration Rights Agreement (Alyn Corp), Registration Rights Agreement (Caliber Learning Network Inc), Registration Rights Agreement (Fleming Robert Inc / Da)
Priority on Demand Registrations. The Company Corporation will not include in any Demand Registration any securities that which are not Registrable Securities without the written consent of the holders of a majority of the Registrable SecuritiesStockholder. If other securities are permitted to be included in a Demand Registration that which is an underwritten offering and the managing underwriters advise the Company Corporation in writing that in their opinion the number of Registrable Securities and other securities requested to be included exceeds the number of Registrable Securities and other securities that which can be sold in such offering, the Company Corporation will include in such registration, prior to the inclusion of any securities that which are not Registrable Securities, the number of Registrable Securities requested to be included that which in the opinion of such underwriters can be sold, pro rata among the respective holders on the basis of the amount of Registrable Securities so requested to be included therein.
Appears in 2 contracts
Samples: Registration Agreement (Lightfirst Inc), Registration Agreement (Lightfirst Inc)
Priority on Demand Registrations. The Company will not include in any Demand Registration any securities that which are not Registrable Securities without the prior written consent of the holders of a majority of the Registrable SecuritiesDemand Holder. If other securities are permitted to be included in a Demand Registration that is an underwritten offering and the managing underwriters advise the Company in writing that in their opinion the number of Registrable Securities and and, if permitted hereunder, other securities requested to be included in such offering exceeds the number of Registrable Securities and other securities that securities, if any, which can be sold in such therein without adversely affecting the marketability of the offering, the Company will include in such registration, prior to the inclusion of any securities that are not Registrable Securities(i) first, the number of Registrable Securities requested to be included that in the opinion of such underwriters can registration; and (ii) second, other securities, if any, requested to be soldincluded in such registration, pro rata among the respective holders of such other securities, on the basis of the amount number of Registrable Securities so shares of other securities owned by each such holder and requested to be included therein.
Appears in 1 contract
Samples: Preferred Stock Registration Rights Agreement (KMC Telecom Holdings Inc)