Priority on Required 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 Securities requested to be included in such Required 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 Securities that may be included in such offering without such effect), the Company will include in such Required Registration, to the extent of the number of shares of Securities that the Company is so advised can be sold in such offering: (i) FIRST, Registrable Securities requested to be sold by the Holders pursuant to this Section , PRO RATA among the Holders requesting sale on the basis of the number of shares requested to be so registered by such Holders; and (ii) SECOND, all other shares of Common Stock proposed to be registered by the Company and any other stockholders, in such proportions as the Company and such other stockholders shall agree.
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Samples: Registration Rights Agreement (Flagstar Companies Inc), Registration Rights Agreement (Advantica Restaurant Group Inc), Registration Rights Agreement (Flagstar Companies Inc)
Priority on Required Registrations. If the managing underwriter shall ----------------------------------- advise the Company in writing (with a copy to each Holder holder of Registrable Securities requesting sale) that, in such underwriter's opinion, the number of shares of Securities requested to be included in such Required 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 Securities that may be included in such offering without such effect), the Company will include in such Required Registration, to the extent of the number of shares of Securities that the Company is so advised can be sold in such offering:
(i) FIRSTfirst, Registrable Securities requested to be sold by the Holders Institutional Investors pursuant to this Section 2.1, PRO RATA pro rata among the Holders holders requesting sale on the basis of the number of shares of Registrable Securities requested by each to be so registered by included in such HoldersRegistration; and
(ii) SECONDsecond, all other shares of Common Stock Securities proposed to be registered by the Company and any other stockholdersthe Management Holders, in such proportions as the Company and such other stockholders Management Holders shall agree.
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Samples: Registration Rights Agreement (Trex Co Inc), Registration Rights Agreement (Trex Co Inc)
Priority on Required Registrations. If the managing underwriter shall advise the Company in writing (with a copy to each Holder holder of Registrable Securities requesting sale) that, in such underwriter's opinion, the number of shares of Securities requested to be included in such Required 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 Securities that may be included in such offering without such effect), the Company will include in such Required Registration, to the extent of the number of shares of Securities that the Company is so advised can be sold in such offering:
(i) FIRSTfirst, Registrable Securities requested to be sold by the Holders holders of Bundled Securities pursuant to this Section 6.1, PRO RATA pro rata among the Holders holders requesting sale on the basis of the number of shares Issuable Units requested to be so registered by such Holdersholders; and
(ii) SECONDsecond, all other shares of Common Stock Securities proposed to be registered by the Company and any other stockholdersOther Members, in such proportions as the Company and such other stockholders Other Members shall agree.
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Samples: Members' Agreement (Trex Co Inc)
Priority on Required Registrations. If the managing underwriter shall advise the Company in writing (with a copy to each Holder holder of Registrable Securities requesting sale) that, in such underwriter's opinion, the number of shares of Securities requested to be included in such Required 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 Securities that may be included in such offering without such effect), the Company will include in such Required Registration, to the extent of the number of shares of Securities that the Company is so advised can be sold in such offering:
(i) FIRSTfirst, Registrable Securities requested to be sold by the Holders holders of Warrant Shares pursuant to this Section 6.1, PRO RATA pro rata among the Holders holders requesting sale on the basis of the number of shares Registrable Securities requested to be so registered by such Holdersholders; and
(ii) SECONDsecond, all other shares of Common Stock Securities proposed to be registered by the Company Company, the Management Stockholders and any other stockholders, in such proportions as the Company Company, the Management Stockholders and such other stockholders shall agree.
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Priority on Required Registrations. If the managing underwriter shall advise the Company in writing (with a copy to each Holder holder of Registrable Securities requesting sale) that, in such underwriter's opinion, the number of shares of Securities requested to be included in such Required Registration exceeds the number that can be sold in such offering within a price range acceptable to the Company Initiating Holders (such writing to state the basis of such opinion and the approximate number of shares of Securities that may be included in such offering without such effect), the Company will include in such Required Registration, to the extent of the number of shares of Securities that the Company is so advised can be sold in such offering:
(i) FIRSTfirst, Registrable Securities requested to be sold by the Holders holders of thereof pursuant to this Section 6.1, PRO RATA pro rata among the Holders holders requesting sale on the basis of the number of shares Registrable Securities requested to be so registered by such Holders; andholders;
(ii) SECONDsecond, all other shares of Common Stock Securities proposed to be registered by the Company Non-Management Investors and any other stockholdersPersons (other than the Company), in such proportions as the Company Non-Management Investors and such other stockholders Persons shall agree; and
(iii) third, all other Securities proposed to be registered by the Company.
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