Common use of Marketing Limitation in Demand Registration Clause in Contracts

Marketing Limitation in Demand Registration. If the Underwriter’s Representative advises the Holders that market factors (including, but not limited to, the aggregate number of Common Shares 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 shall so advise all Holders of Registrable Securities that would otherwise be underwritten thereto, and the number of shares to be included in the Registration shall be allocated first among all Holders in proportion, as nearly as practicable, to the respective amounts of Registrable Securities requested by such Holders to be included; provided that the number of shares of Registrable Securities held by Holders to be included in such underwriting pursuant to Section 4.1 or 4.2 will not be reduced unless all other securities are first entirely excluded from the underwriting.

Appears in 1 contract

Sources: Investor Rights Agreement (Tivo Inc)

Marketing Limitation in Demand Registration. If In the event the Underwriter’s Representative advises the Initiating Holders in writing that market factors (including, but not limited towithout limitation, the aggregate number of Common Shares requested to be Registered, the general condition of the market, and the status of the Persons persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company shall so advise all Holders of Registrable Securities that which would otherwise be underwritten thereto, and the number of shares to be included in the Registration shall be allocated first among all other Holders in proportion, as nearly as practicable, to the respective amounts of Registrable Securities requested entitled to inclusion in that Registration held by such those Holders to be included; provided that at the number time of shares of filing the Registration Statement. No Registrable Securities held or other securities excluded from the underwriting by Holders to reason of this Section 8.3(d) shall be included in such underwriting pursuant to Section 4.1 or 4.2 will not be reduced unless all other securities are first entirely excluded from the underwritingthat Registration Statement.

Appears in 1 contract

Sources: Shareholder Agreements (E-Commerce China Dangdang Inc.)

Marketing Limitation in Demand Registration. If In the event the Underwriter’s 's Representative advises the Holders Company in writing that market factors (including, but not limited towithout limitation, the aggregate number of shares of Common Shares Stock requested to be Registered, the general condition of the market, and the status of the Persons persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company shall so advise all Holders of Registrable Securities that would otherwise be underwritten theretoHolders, and the number of shares to of Registrable Securities that may be included in the Registration and underwriting shall be allocated first among all Holders in proportion, as nearly as practicable, to the respective amounts number of Registrable Securities requested shares proposed to be included in such Registration by such Holders to be includedHolder; provided provided, however, that the number of shares of Registrable Securities held by Holders to be included in such underwriting pursuant to Section 4.1 or 4.2 will shall not be reduced unless all other securities (including those proposed to be included by the Company and the officers and directors of the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 6.5.4 shall be included in such Registration Statement.

Appears in 1 contract

Sources: Series a Preferred Stock Purchase Agreement (Microcide Pharmaceuticals Inc)