Common use of Priority on Piggyback Filings Clause in Contracts

Priority on Piggyback Filings. In connection with an underwritten Piggyback Filing, if the managing underwriter or underwriters advise Moore in writing that, in its or their reasonable opinion, the incxxxxxn of the number of securities proposed to be registered or qualified exceeds the number which can be sold in such offering at the requested price per share, Moore will include in such registration or qualification the nxxxxx of securities which, in the reasonable opinion of such underwriter or underwriters, can be sold as follows: (i) first, the Common Shares Moore proposes to sell for its own account or if the registratiox xx qualification is in response to a Demand Filing right of a Person whose registration rights exist as of the date hereof and require such a priority (including those registration rights under Section 2 of this Agreement), the securities that the Person(s) demanding such registration or qualification propose or proposes to sell to the extent of such a priority, (ii) second, to the extent that any or all Subject Securities have not been given priority under the immediately preceding clause (i) such remaining Subject Securities requested to be included in such registration or qualification and any securities requested to be included in such registration or qualification by a Person who exercises its rights to have its securities included in such registration or qualification pursuant to this Agreement pro rata among them and (iii) third, other Common Shares requested to be included in such registration or qualification.

Priority on Piggyback Filings. In connection with an underwritten Piggyback Filing, if the managing underwriter or underwriters advise Moore in writing that, in its or their reasonable opinion, the incxxxxxn of inclusxxx xf the number of securities proposed to be registered or qualified exceeds the number which can be sold in such offering at the requested price per share, Moore will include in such registration or qualification the nxxxxx of numbxx xx securities which, in the reasonable opinion of such underwriter or underwriters, can be sold as follows: (i) first, the Common Shares Moore proposes to sell for its own account or if the registratiox xx qualification registration ox xxalification is in response to a Demand Filing right of a Person whose registration rights exist as of the date hereof and require such a priority (including those registration rights under Section 2 of this Agreement), the securities that the Person(s) demanding such registration or qualification propose or proposes to sell to the extent of such a priority, (ii) second, to the extent that any or all Subject Securities have not been given priority under the immediately preceding clause (i) such remaining Subject Securities requested to be included in such registration or qualification and any securities requested to be included in such registration or qualification by a Person who exercises its rights to have its securities included in such registration or qualification pursuant to this Agreement pro rata among them and (iii) third, other Common Shares requested to be included in such registration or qualification.

Priority on Piggyback Filings. In connection with an underwritten Piggyback Filing, if the managing underwriter or underwriters advise Moore Xxxxx in writing that, in its or their reasonable opinion, the incxxxxxn inclusion of the number of securities proposed to be registered or qualified exceeds the number which can be sold in such offering at the requested price per share, Moore Xxxxx will include in such registration or qualification the nxxxxx number of securities which, in the reasonable opinion of such underwriter or underwriters, can be sold as follows: (i) first, the Common Shares Moore Xxxxx proposes to sell for its own account or if the registratiox xx registration or qualification is in response to a Demand Filing right of a Person whose registration rights exist as of the date hereof and require such a priority (including those registration rights under Section 2 of this Agreement), the securities that the Person(s) demanding such registration or qualification propose or proposes to sell to the extent of such a priority, (ii) second, to the extent that any or all Subject Securities have not been given priority under the immediately preceding clause (i) such remaining Subject Securities requested to be included in such registration or qualification and any securities requested to be included in such registration or qualification by a Person who exercises its rights to have its securities included in such registration or qualification pursuant to this Agreement pro rata among them and (iii) third, other Common Shares requested to be included in such registration or qualification.

Priority on Piggyback Filings. In connection with an underwritten Piggyback Filing, if the managing underwriter or underwriters advise Moore in writing that, in its or their reasonable opinion, the incxxxxxn inclxxxxx of the number of securities proposed to be registered or qualified exceeds the number which can be sold in such offering at the requested price per share, Moore will include in such registration or qualification the nxxxxx nuxxxx of securities which, in the reasonable opinion of such underwriter or underwriters, can be sold as follows: (i) first, the Common Shares Moore proposes to sell for its own account or if the registratiox registration xx qualification is in response to a Demand Filing right of a Person whose registration rights exist as of the date hereof and require such a priority (including those registration rights under Section 2 of this Agreement), the securities that the Person(s) demanding such registration or qualification propose or proposes to sell to the extent of such a priority, (ii) second, to the extent that any or all Subject Securities have not been given priority under the immediately preceding clause (i) such remaining Subject Securities requested to be included in such registration or qualification and any securities requested to be included in such registration or qualification by a Person who exercises its rights to have its securities included in such registration or qualification pursuant to this Agreement pro rata among them and (iii) third, other Common Shares requested to be included in such registration or qualification.