Common use of Marketing Limitation in Demand Registration Clause in Contracts

Marketing Limitation in Demand Registration. In the event the Underwriter's Representative advises the Initiating Holders or Significant Holder, as the case may be, in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be Registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company will include in such Registration, first Registrable Securities requested to be included in the Registration by Holders, second securities proposed by any member of Key Management to be sold for his/her own account, third securities proposed by the Company to be sold for its own account or for the account of others at the Company's request, and fourth securities to be included in such Registration pursuant to the Prior Series Agreement, each pro rata based upon the number of shares of such securities proposed to be sold and so requested to be included such that such Registration does not exceed the Underwriter's Representative's limit. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 2.1(e)(iii) shall be included in such Registration Statement.

Marketing Limitation in Demand Registration. In the event the Underwriter's ’s Representative advises the Initiating Holders or Significant Holder, as the case may be, in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be Registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company will include in such Registration, first Registrable Securities requested to be included in the Registration by Holders, second securities proposed by any member of Key Management to be sold for his/her own account, third securities proposed by the Company to be sold for its own account or for the account of others at the Company's ’s request, and fourth securities to be included in such Registration pursuant to the Prior Series Agreement, each pro rata based upon the number of shares of such securities proposed to be sold and so requested to be included such that such Registration does not exceed the Underwriter's ’s Representative's ’s limit. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 2.1(e)(iii) shall be included in such Registration Statement.