Volume Limitation. Notwithstanding any other provision of this Section 6, if the underwriters advise the Company that marketing factors require a limitation on the number of shares to be underwritten, the number of securities that may be so included shall be allocated as follows: (i) first, to the Company, which the Company may allocate, at its discretion, for its own account, or for the account of other holders or employees of the Company; (ii) second, among all holders of registration rights requesting to include securities in such registration statement based on the pro rata percentage of registrable securities held by such holders, assuming conversion or exercise.
Appears in 5 contracts
Samples: Note Purchase Agreement (Wright Investors Service Holdings, Inc.), Merriman Holdings, Inc, Merriman Holdings, Inc
