Common use of Priority on Incidental Registrations Clause in Contracts

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:

Appears in 1 contract

Samples: Registration Rights Agreement (Trex Co Inc)

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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:

Appears in 1 contract

Samples: Registration Rights and Stockholders' Agreement (U S Aggregates Inc)

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:

Appears in 1 contract

Samples: Securities Purchase Agreement (Able Telcom Holding Corp)

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:

Appears in 1 contract

Samples: Registration Rights Agreement (Trex Co Inc)

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Priority on Incidental Registrations. If the managing underwriter ------------------------------------ shall advise the Company in writing (with a copy to each holder the Holder of Registrable Securities Shares 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:

Appears in 1 contract

Samples: Lightspace Corporation (Lightspace Corp)

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