Common use of Rights Which May Be Granted to Subsequent Investors Clause in Contracts

Rights Which May Be Granted to Subsequent Investors. (a) Within the limitations prescribed by this Section 8(a), but not otherwise, the Company may grant to subsequent investors in the Company rights of piggyback registration (such as those provided in Section 3 hereof). Such rights may only pertain to shares of Common Stock, including shares of Common Stock into which any other securities may be converted. Such rights may be granted with respect to (i) registrations actually requested by the Holder pursuant to Section 2 hereof, but only in respect of that portion of any such registration as remains after inclusion of all Registrable Securities requested by Holder and (ii) registrations initiated by the Company, but only in respect of that portion of such registration as is available under the limitations set forth in Section 3.1(b) hereof (which limitations shall apply pro rata to the Holders and all other persons participating in the registration) and such rights shall be limited in all cases to sharing pro rata in the available portion of the registration in question with Holder, such sharing to be based on the number of shares of Common Stock held by the Holder and held by such other investors, plus the number of shares of Common Stock into which other securities held by such other investors are convertible, which are entitled to registration rights. With respect to registrations which are for underwritten public offerings, "available portion" means the portion of the underwritten shares which is available as specified in clauses (i) and (ii) of the third sentence of this Section 8(a). Shares not included in such underwriting shall not be registered.

Rights Which May Be Granted to Subsequent Investors. (a) Within the limitations prescribed by this Section 8(a11(a), but not otherwise, the Company may grant to subsequent investors (other than purchasers of Series A Convertible Preferred Stock pursuant to Section 1 of the Certificate of Designation which may be granted registration rights pari passu herewith) in the Company rights of piggyback incidental registration (such as those provided in Section 3 5 hereof). Such rights may only pertain to shares of Common Stock, including shares of Common Stock into which any other securities may be converted. Such rights may be granted with respect to (i) registrations actually requested by the Holder Initiating Holders pursuant to Section 2 hereof, but only in respect of that portion of any such registration as remains after inclusion of all Registrable Securities requested by Holder Holders and (ii) registrations initiated by the Company, but only in respect of that portion of such registration as is available under the limitations set forth in Section 3.1(b) 6 hereof (which limitations shall apply pro rata to the Holders and all other persons participating in the registrationHolders) and such rights shall be limited in all cases to sharing pro rata in the available portion of the registration in question with HolderHolders, such sharing to be based on the number of shares of Common Stock held by the Holder respective Holders and held by such other investors, plus the number of shares of Common Stock into which other securities held by the Holders and such other investors are convertible, which are entitled to registration rights. With respect to registrations which are for underwritten public offerings, "available portion" means the portion of the underwritten shares which is available as specified in clauses (i) and (ii) of the third sentence of this Section 8(a11(a). Shares not included in such underwriting shall not be registered.

Rights Which May Be Granted to Subsequent Investors. (a) Within the limitations prescribed by this Section 8(aparagraph (a), but not otherwise, the Company may grant to subsequent investors in the Company and to persons who as of the date hereof are holders of Common Stock or holders of options to purchase Common Stock rights of piggyback incidental registration (such as those provided in Section 3 hereof5). Such rights may only pertain to shares of Common Stock, including shares of Common Stock into which any other securities may be converted. Such rights may be granted with respect to (i) registrations actually a registration requested by the Holder Purchasing Partners pursuant to Section 2 hereof2, but only in respect of to that portion of any such registration as remains available after inclusion of all Registrable Securities Stock requested by Holder Purchasing Partners, Holders and Key Employees, (ii) registrations initiated by the Company, but only in respect of that portion of such registration as is available under the limitations set forth in Section 3.1(b) hereof 3 (which limitations shall apply pro pro-rata to the CardioMac Principals, Purchasing Partners, all Holders and all other persons participating in Key Employees (to the registration) extent Purchasing Partners and such Holders and Key Employees still have rights under the Other Registration Agreements)), and such rights shall be limited in all cases to sharing pro pro-rata in the available portion of the registration in question with Holderthe CardioMac Principals, Purchasing Partners, Holders and Key Employees, such sharing to be based on the number of shares of Common Stock held or to be held by the Holder CardioMac Principals, Purchasing Partners, Holders and Key Employees and held or to be held by such other investors, plus the number of shares of Common Stock into which other securities held by such other investors are convertible, which are entitled to registration rights, and (iii) registrations requested by Holders under the Other Registration Agreement, but only with respect to that portion of such registration as remains available after inclusion of all Registrable Stock requested by Holders, Key Employees and Purchasing Partners. With respect to registrations which are for underwritten public offerings, "available portion" means shall mean the portion of the underwritten shares which is available as specified in clauses (i), (ii) and (iiiii) of the third sentence of this Section 8(aparagraph (a). Shares not included in such underwriting shall not be registered.

Rights Which May Be Granted to Subsequent Investors. (a) Within the limitations prescribed by this Section 8(a2.12(a), but not otherwise, the Company may grant to subsequent investors in the Company rights of piggyback incidental registration (such as those provided in Section 3 hereof2.5). Such rights may only pertain to shares of Common Stock, including shares of Common Stock into which any other securities may be converted. Such rights may be granted with respect to (i) registrations actually requested by the Holder Initiating Holders pursuant to Section 2 hereof2.2, but only in respect of that portion of any such registration as remains after inclusion of all Registrable Securities Stock requested by Holder Holders and (ii) registrations initiated by the Company, but only in respect of that portion of such registration as is available under the limitations set forth in Section 3.1(b) hereof 2.6 (which limitations shall apply pro rata to the Holders and all other persons participating in the registrationHolders) and such rights shall be limited in all cases to sharing pro rata in the available portion of the registration in question with HolderHolders, such sharing to be based on the number of shares of Common Stock held by the Holder respective Holders and held by such other investors, plus the number of shares of Common Stock into which other securities held by the Holders and such other investors are convertible, which are entitled to registration rights. With respect to registrations which are for underwritten public offerings, "available portion" means shall mean the portion of the underwritten shares which is available as specified in clauses (i) and (ii) of the third sentence of this Section 8(a2.12(a). Shares not included in such underwriting shall not be registered.