Priority on Incidental Registrations. If the managing underwriter for the offering contemplated by this Section 3.2 shall advise Company in writing that, in such underwriter’s opinion, the number of securities requested to be included in such Incidental Registration would adversely affect the offering and sale (including pricing) of such securities, Company shall include in such Incidental Registration the number of securities that Company is so advised can be sold in such offering, in the following amounts and order of priority:
Priority on Incidental Registrations. If the managing underwriter shall advise the Company in writing (with a copy to each holder of Registrable Securities requesting sale) that, in such underwriter's opinion, the number of shares of Securities requested to be included in such Incidental Registration exceeds the number that can be sold in such offering within a price range acceptable to the Company (such writing to state the basis of such opinion and the approximate number of shares of Securities that may be included in such offering without such effect), the Company will include in such Incidental Registration, to the extent of the number of shares of Securities that the Company is so advised can be sold in such offering:
Priority on Incidental Registrations. If the managing underwriter ------------------------------------ shall advise the Company in writing (with a copy to each holder of Registrable Securities requesting sale) that, in such underwriter's opinion, the number of shares of Common Stock requested to be included in such Incidental Registration exceeds the number that can be sold in such offering within a price range acceptable to the Company (such writing to state the basis of such opinion and the approximate number of shares of Common Stock that may be included in such offering without such effect), the Company will include in such Incidental Registration, to the extent of the number of shares of Common Stock that the Company is so advised can be sold in such offering:
Priority on Incidental Registrations. If the managing underwriter shall advise the Parent in writing (with a copy to each holder of Registrable Securities requesting sale) that, in such underwriter's opinion, the number of shares of Securities requested to be included in such Incidental Registration exceeds the number that can be sold in such offering within a price range acceptable to the Parent (such writing to state the basis of such opinion and the approximate number of shares of Securities that may be included in such offering without such effect), the Parent will include in such Incidental Registration, to the extent of the number of shares of Common Stock that the Parent is so advised can be sold in such offering:
Priority on Incidental Registrations. If the managing underwriter for the Public Offering contemplated by this Section 3.2 shall advise the Company in writing that, in such underwriter’s opinion, the number of securities requested to be included in such Incidental Registration would adversely affect the Public Offering and sale (including pricing) of such securities (such writing to state the basis of such opinion and the approximate number of securities that may be included in such Public Offering without such effect), the Company shall include in such Incidental Registration the number of securities that the Company is so advised can be sold in such Public Offering, in the following amounts and order of priority:
Priority on Incidental Registrations. If the managing underwriter shall advise the Company in writing (with a copy to the Shareholder if he is requesting sale) that, in such underwriter’s opinion, the number of Shares requested to be included in such Incidental Registration exceeds the number that can be sold in such offering within a price range acceptable to the Company (such writing to state the basis of such opinion and the approximate number of Shares that may be included in such offering without such effect), the Company will be obligated to include in any such registration statement only such limited portion of the Shareholders’ Shares (which may be none) as is determined in good faith by such underwriter; provided that if any securities are being offered for the account of any Person other than the Company and the Shareholder, the reduction in the number of the Shareholder’s Shares included in such Incidental Registration shall not represent a greater percentage of the amount of the Shareholder’s Shares originally requested to be registered and sold in such registration than the lowest percentage reduction imposed upon any other Person’s securities.
Priority on Incidental Registrations. If the managing underwriter ------------------------------------ shall advise the Parent in writing (with a copy to each Investor requesting sale) that, in such underwriter's opinion, the number of shares of Securities requested to be included in such Incidental Registration exceeds the number that can be sold in such offering within a price range acceptable to the Parent (such writing to state the basis of such opinion and the approximate number of shares of Securities that may be included in such offering without such effect), the Parent will be obligated to include in any such registration statement only such limited portion of each Investor's Registrable Securities (which may be none) as is determined in good faith by such underwriter (the reduction in the number of Registrable Securities shall be allocated among the Investors requesting registration in proportion to the respective number of Registrable Securities with respect to which each such Investor has timely requested registration); provided that if any Securities are being offered for the account of any Person pursuant to that certain Amended and Restated Registration Rights Agreement dated as of November 23, 2005 among Parent and the other signatories thereto (the "Prior Agreement"), the number of Registrable Securities for any Investor shall be reduced or eliminated prior to any reduction of Securities being offered pursuant to the Prior Agreement.
Priority on Incidental Registrations. If any registration made pursuant to Section 3 on behalf of the Company or holders of its Equity Interests other than Registrable Securities is an underwritten offering and the managing Underwriters advise the Company or such holders, as the case may be, in writing (with a copy to each party hereto requesting registration of Registrable Securities) that in their opinion the number of Registrable Securities and other securities, if any, requested to be included in such registration exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company or such holders, as the case may be, then the total number of securities that the managing underwriters advise can be included in such registration shall be allocated in the following order of priority: (a) first, the number of securities that the Company proposes or such holders propose to sell for its or their own account, as the case may be; (b) second, the number of Registrable Securities requested to be included which in the opinion of such underwriters can be sold in an orderly manner within the proposed price range of such offering, pro rata among the respective Holders thereof on the basis of the amount of Registrable Securities requested to be included by each such Holder; and (iii) third, the number of other securities requested to be included by the Company in such registration for the account of other holders which in the opinion of such underwriters can be sold in an orderly manner within the proposed price range of such offering.
Priority on Incidental Registrations. If any registration made pursuant to Section 3 is an underwritten offering and the managing Underwriters advise the Company in writing (with a copy to Squadron) that in their opinion the number of Registrable Shares requested to be included in such offering exceeds the number of Registrable Shares which can be sold therein without adversely affecting the marketability and pricing of the offering, the Company will include in such registration:
Priority on Incidental Registrations. If the number of securities requested to be included in any Incidental Registration would adversely affect the ability to complete the offering and/or the pricing or other material terms thereof, the Registrant shall include in such Incidental Registration the number of securities that can be sold without such an adverse effect, in the following amounts and order of priority:
