Common use of Priority on Incidental Registration Clause in Contracts

Priority on Incidental Registration. If an Incidental Registration pursuant to this Section 8.2 involves an underwritten offering, the managing underwriter of such underwritten offering shall advise the Company in writing that, in such underwriter's opinion, the amount of securities requested to be included in such Incidental Registration, would adversely affect the offering and sale (including price) of such securities, then the Company will include in such Incidental Registration, the number of securities that the Company is so advised can be sold in such offering, in the following priority:

Appears in 1 contract

Samples: Securities Purchase Agreement (American Physician Partners Inc)

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Priority on Incidental Registration. If an Incidental Registration pursuant to this Section 8.2 7.2 involves an underwritten offering, the managing underwriter of such underwritten offering shall advise the Company in writing that, in such underwriter's opinion, the amount of securities requested to be included in such Incidental Registration, would adversely affect the offering and sale (including price) of such securities, then the Company will include in such Incidental Registration, the number of securities that the Company is so advised can be sold in such offering, in the following priority:

Appears in 1 contract

Samples: Securities Purchase Agreement (Banque Paribas)

Priority on Incidental Registration. If an the Incidental Registration pursuant to this Section 8.2 involves includes an underwritten primary offering, and the sole or managing underwriter of such underwritten offering shall advise a registration advises the Company in writing that, that in such underwriter's opinion, its opinion the amount number of Registrable Securities and other securities requested to be included exceeds the number of Registrable Securities and other securities which can be sold in such Incidental Registrationoffering without adversely affecting the distribution of the securities being offered, would adversely affect the price that will be paid in such offering and sale (including price) of such securitiesor the marketability thereof, then the Company will include in such Incidental Registration, registration the number Registrable Securities and other securities of securities that the Company is so advised can be sold in such offering, in the following order of priority:

Appears in 1 contract

Samples: Registration Rights Agreement (FXCM Inc.)

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Priority on Incidental Registration. If an Incidental Registration pursuant to this Section 8.2 4.3 involves an underwritten offering, offering and the managing underwriter of such underwritten offering shall advise the Company in writing that, in such underwriter's opinion, the amount of securities requested to be included in such Incidental Registration, would adversely affect the offering and sale (including price) of such securities, then the Company will include in such Incidental Registration, the number of securities that the Company is so advised can be sold in such offering, in the following priority:

Appears in 1 contract

Samples: Investor Rights Agreement (Firstcom Corp)

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