Common use of Priority on Primary Piggyback Takedowns Clause in Contracts

Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities owned by each such Holder), and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 2 contracts

Samples: Registration Rights Agreement (LyondellBasell Industries N.V.), Registration Rights Agreement (LyondellBasell Industries N.V.)

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Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their reasonable opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, ; (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown (pro rata among the Holders of such Registrable Securities on the basis of the total number of shares of Registrable Securities owned by each such Holder), ; and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 2 contracts

Samples: Registration Rights Agreement (Kv Pharmaceutical Co /De/), Stock Purchase and Backstop Agreement (Deutsche Bank Ag\)

Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, ; (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities shares of Common Stock beneficially owned by each such Holder), ; and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 2 contracts

Samples: Registration Rights Agreement (Xerium Technologies Inc), Registration Rights Agreement (Xerium Technologies Inc)

Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their reasonable opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities owned requested to be included therein by each such Holder), and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 2 contracts

Samples: Registration Rights Agreement (Us Concrete Inc), Registration Rights Agreement (Us Concrete Inc)

Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their reasonable opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown pursuant to this Registration Rights Agreement (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities owned securities requested to be included therein by each such Holderholder), and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 2 contracts

Samples: Registration Rights Agreement (Oasis Petroleum Inc.), Registration Rights Agreement (Oil States International, Inc)

Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities owned by each such Holder[ ]3), and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 1 contract

Samples: Registration Rights Agreement

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Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their reasonable opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, (ii) second, the securities requested to be included in such Piggyback Takedown pursuant to the Existing Registration Rights Agreement, (iii) third, the Registrable Securities requested to be included in such Piggyback Takedown (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities owned by each such Holder), pursuant to this Registration Rights Agreement and (iiiiv) third, other securities requested to be included in such Piggyback Takedown.

Appears in 1 contract

Samples: Registration Rights Agreement (Forum Energy Technologies, Inc.)

Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their reasonable opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown pursuant to this Registration Rights Agreement and securities requested to be included in such Piggyback Takedown pursuant to the Existing Registration Rights Agreement (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities owned securities requested to be included therein by each such Holderholder), and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 1 contract

Samples: Registration Rights Agreement (Forum Energy Technologies, Inc.)

Priority on Primary Piggyback Takedowns. If a Piggyback Takedown is an underwritten primary registration on behalf of initiated by the Company, and the managing underwriters for a Piggyback Takedown advise the Company in writing that in their opinion the number of securities requested to be included in such Piggyback Takedown exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to the Company, the Company shall include in such Piggyback Takedown the number which can be so sold in the following order of priority: (i) first, the securities the Company proposes to sell, ; (ii) second, the Registrable Securities requested to be included in such Piggyback Takedown (pro rata among the Holders of such Registrable Securities on the basis of the total number of Registrable Securities shares of Common Stock owned by each such Holder), ; and (iii) third, other securities requested to be included in such Piggyback Takedown.

Appears in 1 contract

Samples: Investor Rights Agreement (HMH Holdings (Delaware), Inc.)

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