Common use of Restrictions on Public Sale by Holders of Registrable Securities Clause in Contracts

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-day period beginning on the date of a prospectus or prospectus supplement filed with the SEC with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company or the officers, directors or any other Affiliate of the Company on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount of the then outstanding Common Stock Registrable Securities (calculated based on the Common Stock Registrable Securities Amount) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC then in effect).

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates included in an Underwritten Offering will a Registration Statement agrees to enter into a customary letter agreement with underwriters providing that such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-30 calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering; provided, provided however, that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership on whom a restriction is imposed and imposed, (ii) the restrictions set forth in this Section 2.07 2.6 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such HolderHolder and (iii) any such agreement shall not be deemed to preclude or restrict Xxxxxxx Xxxxx & Company from engaging in any brokerage, investment advisory, financial advisory, anti-raid advisory, principaling, merger advisory, financing, asset management, trading, market-making, arbitrage, investment activity or other similar businesses. In addition, this Section 2.07 2.6 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an a Piggyback Opt-Out Notice prior to receiving notice of the Underwritten Offering or Offering, because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount $75 million of the then outstanding Common Stock Registrable Securities (Units, calculated based on the Common Stock Registrable Securities Amount) basis of the Purchased Unit Price, or because the Common Stock Registrable Securities held by of such Holder may be disposed of without restriction have become eligible for resale pursuant to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC then in effect)) without any restriction.

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will agrees to enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount of the then then-outstanding Common Stock Registrable Securities (calculated (i) for the Common Unit Registrable Securities, based on the product of the Common Stock Unit Price times the number of Common Unit Registrable Securities AmountSecurities; and (ii) for the Preferred Unit Registrable Securities, based on the product of the Common Unit Price times the number of Common Units issuable upon conversion of the Preferred Unit Registrable Securities) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC Commission then in effect)) under the Securities Act.

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will agrees to enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership or the General Partner on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount of the then then-outstanding Common Stock Registrable Securities (calculated based on the product of the Common Stock Unit Price times the number of Registrable Securities AmountSecurities) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC Commission then in effect)) under the Securities Act.

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-day period beginning on the date of a prospectus or prospectus supplement filed with the SEC with respect to the pricing of any Underwritten Offering (or such shorter period specified by the Managing Underwriter for such Underwritten Offering), provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company or the officers, directors or any other Affiliate of the Company on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount of the then outstanding Common Stock Registrable Securities (calculated based on the Common Stock Registrable Securities Amount) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC then in effect).

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-day period beginning on the date of a prospectus or prospectus supplement filed with the SEC with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership or the General Partner on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount of the then then-outstanding Common Stock Registrable Securities (calculated based on the Common Stock Registrable Securities Amount) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC then in effect).

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will agrees to enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or Offering, because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount $10.0 million of the then then-outstanding Common Stock Registrable Securities (calculated based on the Common Stock Registrable Securities Amount) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 (or any similar provision then in effect) under the Securities Act (or any successor or similar provision adopted by the SEC then in effect)Act.

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates included in an Underwritten Offering will a Registration Statement agrees to enter into a customary letter agreement with underwriters providing that such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-30 calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering; provided, provided however, that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company or the officers, directors or any other Affiliate of the Company on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 2.6 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 2.6 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an a Piggyback Opt-Out Notice prior to receiving notice of the Underwritten Offering or Offering, because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount $75 million of the then outstanding Common Stock Registrable Securities (Units, calculated based on the Common Stock Registrable Securities Amount) basis of the Unit Price, or because the Common Stock Registrable Securities held by of such Holder may be disposed of without restriction have become eligible for resale pursuant to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC then in effect)) without any restriction.

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will agrees to enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or Offering, because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount $30 million of the then then-outstanding Common Stock Registrable Securities (calculated based on the Common Stock Registrable Securities Amount) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 (or any similar provision then in effect) under the Securities Act (or any successor or similar provision adopted by the SEC then in effect)Act.

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will agrees to enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount $10.0 million of the then then-outstanding Common Stock Registrable Securities (calculated based on the Common Stock Registrable Securities Amount) or because the Common Stock Registrable Securities held by such Holder may be disposed of without restriction pursuant to any section of Rule 144 (or any similar provision then in effect) under the Securities Act (or any successor or similar provision adopted by the SEC then in effect)Act.

Restrictions on Public Sale by Holders of Registrable Securities. Each Holder of Common Stock Registrable Securities that participates in an Underwritten Offering will agrees to enter into a customary letter agreement with underwriters providing such Holder will not effect any public sale or distribution of Common Stock Registrable Securities during the 60 calendar-calendar day period beginning on the date of a prospectus or prospectus supplement filed with the SEC Commission with respect to the pricing of any Underwritten Offering, provided that (i) the duration of the foregoing restrictions shall be no longer than the duration of the shortest restriction generally imposed by the underwriters on the Company Partnership or the officers, directors or any other Affiliate of the Company Partnership on whom a restriction is imposed and (ii) the restrictions set forth in this Section 2.07 shall not apply to any Common Stock Registrable Securities that are included in such Underwritten Offering by such Holder. In addition, this Section 2.07 shall not apply to any Holder that is not entitled to participate in such Underwritten Offering, whether because such Holder delivered an Opt-Out Notice prior to receiving notice of the Underwritten Offering or because such Holder (together with its Affiliates) holds less than the Piggyback Threshold Amount of the then then-outstanding Common Stock Registrable Securities (calculated (i) for the Common Unit Registrable Securities, based on the Common Stock Registrable Securities Amount) or because product of the Common Stock Unit Price times the number of Common Unit Registrable Securities held by such Holder may be disposed Securities; and (ii) for the Preferred Unit Registrable Securities, based on the product of without restriction pursuant the Common Unit Price times the number of Common Units issuable upon conversion of the Preferred Unit Registrable Securities). In addition, this Section 2.07 shall not apply to any section of Rule 144 under the Securities Act (or any successor or similar provision adopted by the SEC then Holder that does not participate in effect)such Underwritten Offering.