Common use of Marketing Restrictions Clause in Contracts

Marketing Restrictions. If (i) any Holder of Shares or Registrable Securities requests registration of Registrable Securities under Section 2.1 or 2.2, (ii) the offering proposed to be made is to be an underwritten public offering and (iii) the managing underwriters of such public offering furnish a written opinion that the total amount of securities to be included in such offering would exceed the maximum amount of securities (the "Maximum Amount") (as specified in such opinion) which can be marketed at a price reasonably related to the then current market value of such securities and without materially and adversely affecting such offering, then the rights of the Company, the Holder of Registrable Securities and the holders of other securities having the right to include such securities in such registration to participate in such offering shall be as follows:

Appears in 1 contract

Sources: Registration Rights Agreement (Dynamic Materials Corp)

Marketing Restrictions. If If: (ia) any Holder of Shares or Registrable Securities requests registration of Registrable Securities under are to be registered pursuant to Section 2.1 1 or 2.2Section 2 hereof, and (iib) the offering proposed to be made is to be an underwritten public offering and Public Offering, and (iiic) the managing underwriters manager or co-managers of such public offering Public Offering furnish a written opinion that the total amount of securities Registrable Securities to be included in such offering would exceed the maximum amount of securities (the "Maximum Amount") of Company (as specified in such opinion) which that can be marketed at a price reasonably related to the then current market value of such securities Registrable Securities and without materially and adversely affecting such offering, then the relative rights to participate in such offering of Company and the Company, the Holder Holders of Registrable Securities and the holders of other securities having the right to include such securities Registrable Securities in such registration to participate in such offering Registration shall be as followsin the following order of priority:

Appears in 1 contract

Sources: Preferred Stock Purchase Agreement (JTH Holding, Inc.)

Marketing Restrictions. (a) If (i) any Holder holder of Shares or Registrable Securities requests registration of Registrable Securities under Section 2.1 or 2.22.1, (ii) the offering proposed to be made is to be an underwritten public offering and (iii) the managing underwriters of such public offering furnish a written opinion that the total amount of securities to be included in such offering would exceed the maximum amount of securities (the "Maximum Amount") (as specified in such opinion) which can be marketed at a price reasonably related to the then current market value of such securities and without materially and adversely affecting such offering, ; then the rights of the Company, Company and the Holder holders of Registrable Securities and the holders of other securities having the right to include such securities in such registration to participate in such offering shall be as followsin the following order of priority:

Appears in 1 contract

Sources: Registration Rights Agreement (Veeco Instruments Inc)