Common use of Initiating Holders Clause in Contracts

Initiating Holders. If in the written opinion of the Approved Underwriter the registration of all or part of the Registrable Securities which the S-3 Initiating Holders and the other Designated Holders have requested to be included would materially adversely affect the success of such public offering, then the Company shall be required to include in the underwritten offering, to the extent of the amount that the Approved Underwriter believes may be sold without causing such adverse effect, first, the Registrable Securities to be offered for the account of the S-3 Initiating Holders and the other Designated Holders who requested inclusion of their Registrable Securities pursuant to Section 5(a), pro rata based on the number of Registrable Securities owned by each

Appears in 1 contract

Sources: Registration Rights Agreement (Priceline Com Inc)

Initiating Holders. If in the written opinion of the Approved Underwriter the registration of all or part of the Registrable Securities which the S-3 Initiating Holders and the other Designated Holders have requested to be included would materially adversely affect the success of such public offering, then the Company shall be required to include in the underwritten offeringunderwriting, to the extent of the amount that the Approved Underwriter believes may be sold without causing such adverse effect, firstFIRST, all of the Registrable Securities to be offered for the account of the S-3 Initiating Holders and Holders; SECOND, the Registrable Securities to be offered for the account of the other Designated Holders who requested inclusion of their Registrable Securities pursuant to Section 5(a), pro rata which each group based on the number of Registrable Securities owned amount recommended by eachthe Approved Underwriter, and THIRD, any other securities requested to be included in such underwriting.

Appears in 1 contract

Sources: Registration Rights Agreement (Exe Technologies Inc)

Initiating Holders. If in the written opinion of the Approved Underwriter the registration of all or part of the Registrable Securities which the S-3 Initiating Holders and the other Designated Holders have requested to be included would materially adversely affect the success of such public offering, then the Company shall be required to include in the underwritten offering, to the extent of the amount that the Approved Underwriter believes may be sold without causing such adverse effect, first, the Registrable Securities to be offered for the account of the S-3 Initiating Holders and the other Designated Holders who requested inclusion of their Registrable Securities pursuant to Section 5(a), pro rata based on the number of Registrable Securities owned by eacheach such S-3 Initiating Holder and Designated Holder and second, any other securities requested to be included in such underwritten offering.

Appears in 1 contract

Sources: Registration Rights Agreement (Priceline Com Inc)