Common use of Priority on Primary Registration Clause in Contracts

Priority on Primary Registration. If a Piggyback Registration is an underwritten registration of securities for the account of the Company, and the managing underwriters advise the Company in writing that, in their opinion, the number of securities 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, the Company shall include in such registration (i) first, the securities the Company proposes to sell, (ii) second, the Registrable Securities requested to be included in such registration by the Investor Stockholders, pro rata among the respective holders thereof on the basis of the amount of Registrable Securities owned by each such holder, (iii) third, the Registrable Securities requested to be included in such registration by the other Stockholders, pro rata among the respective holders thereof on the basis of the amount of Registrable Securities owned by each such holder, and (iv) fourth, any other securities eligible to be included in such registration, pro rata among the holders of such securities on the basis of the number of shares owned by each such holder.

Priority on Primary Registration. If a Piggyback Registration is an underwritten primary registration of securities for the account on behalf of the Company, and the managing underwriters advise the Company in writing that, that in their opinion, opinion the number of securities 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 without adversely affecting the Companymarketability of the offering, the Company shall include in such registration (i) first, the securities the Company proposes to sell, (ii) second, the Registrable Securities requested to be included in such registration by the Investor Stockholdersregistration, pro rata among the respective holders thereof of such Registrable Securities on the basis of the amount number of Registrable Securities owned shares requested to be included therein by each such holderholders, and (iii) third, the Registrable Securities requested to be included in such registration (if permitted by the other Stockholders, pro rata among the respective holders thereof on the basis of the amount majority of the Investor Registrable Securities owned by each such holder, and (ivSecurities) fourth, any other securities eligible requested to be included in such registration, pro rata among the holders of such other securities on the basis of the number of shares owned requested to be included therein by each such holderholders. Any Persons other than holders of Registrable Securities who participate in Piggyback Registrations which are not at the Company’s expense, if any, must pay their share of the Registration Expenses as provided in Section 5 hereof.

Priority on Primary Registration. If a Piggyback Registration is -------------------------------- an underwritten primary registration of securities for the account on behalf of the Company, and the managing underwriters advise the Company in writing that, (with a copy to each party hereto requesting registration of Registrable Securities) that in their opinion, opinion the number of securities 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 without adversely affecting the Companymarketability of such offering, the Company shall will include in such registration (i) first, the securities the Company proposes to sell, (ii) second, the ----- ------ Registrable Securities requested to be included in such registration by the Investor Stockholders, pro rata among the respective holders thereof on the basis of the amount of Registrable Securities owned by each such holder, (iii) third, the Registrable Securities requested to be included in such registration by the other Stockholders, pro rata among the respective holders thereof on the basis of the amount of Registrable Securities owned by each such holder, and (iv) fourth, any other securities eligible to be included in such registration, pro rata among the holders of such securities Registrable Securities on the basis of the number of shares owned by each such holder, and (iii) third, other securities requested to be included in such registration pro rata among the holders of such securities.