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:
Appears in 4 contracts
Samples: Registration Rights Agreement (General Finance CORP), Agreement and Plan of Merger (General Finance CORP), Stockholders Agreement (General Finance CORP)
Priority on Incidental Registrations. If the managing underwriter for the offering Public Offering contemplated by this Section 3.2 shall advise the Company in writing that, in such underwriter’s 's opinion, the number of securities requested to be included in such Incidental Registration would adversely affect the offering Public Offering and sale (including pricing) of such securities, securities the Company shall include in such Incidental Registration the number of securities that the Company is so advised can should be sold in such offeringPublic Offering, in the following amounts and order of priority:
Appears in 3 contracts
Samples: Stockholders Agreement (Associated Materials Inc), Stockholders Agreement (AMH Holdings, Inc.), Stockholders Agreement (AMH Holdings, Inc.)
Priority on Incidental Registrations. If the managing underwriter for the offering Public Offering contemplated by this Section 3.2 2.2 shall advise the Company in writing that, in such underwriter’s 's opinion, the number of securities requested to be included in such Incidental Registration would adversely affect the offering Public Offering and sale (including pricing) of such securities, the Company shall include in such Incidental Registration the number of securities that the Company is so advised can be sold in such offeringPublic Offering, in the following amounts and order of priority:
Appears in 2 contracts
Samples: Registration Rights Agreement (Global Power Equipment Group Inc/), Registration Rights Agreement (Global Power Equipment Group Inc/)
Priority on Incidental Registrations. If the managing underwriter for the 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 offering and sale (including pricing) of such securities, the Company shall include in such Incidental Registration the number of securities that the Company is so advised can be sold in such offering, in the following amounts and order of priority:
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mobile Mini Inc), Stockholders Agreement (Mobile Mini Inc)
Priority on Incidental Registrations. If the managing underwriter for the offering 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 offering Public Offering and sale (including pricing) of such securities, securities the Company shall include in such Incidental Registration the number of securities that the Company is so advised can should be sold in such offeringPublic Offering, in the following amounts and order of priority:
Appears in 1 contract
Priority on Incidental Registrations. If the managing underwriter for the offering contemplated by this Section 3.2 3 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 offering and sale (including pricing) of such securities, the Company shall include in such Incidental Registration the number of securities that the Company is so advised can be sold in such offering, in the following amounts and order of priority:
Appears in 1 contract
Priority on Incidental Registrations. If the managing underwriter for the offering contemplated by this Section 3.2 shall advise the Company in writing that, in such underwriter’s 's opinion, the distribution of all or any portion of the Registrable Securities would interfere with the successful marketing of the securities involved in the Incidental Registration (with a writing stating the basis of such opinion and the approximate number of shares of securities requested to that may be included in such Incidental Registration would adversely affect offering without such effect), the offering and sale (including pricing) of such securities, Company shall will include in such Incidental Registration Registration, to the extent of the number of shares of securities that the Company is so advised can be sold in such offering, in the following amounts and order of priority:
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (SLM International Inc /De)