Common use of Modified Public Offering Clause in Contracts

Modified Public Offering. Up to five (5) Business Days before disclosure of the first notice to the market in relation to the Secondary Public Offering, VDQ may choose to take part in the Secondary Public Offering and/or to demand that the Secondary Public Offering also includes a primary public offering of shares issued by the Company (such new Public Offering, the “Modified Public Offering”), provided, however, that the shares held by SALIC that are the subject-matter of the Secondary Public Offering shall have priority of allocation in the Modified Public Offering over VDQ’ shares or the primary shares of the Company that are included in the Modified Public Offering. In the event of a Modified Public Offering, the costs shall be proportionally borne by the selling shareholders and Company, as applicable, based on the respective volumes of equity interest in the Modified Public Offering and in market practices for transactions of that kind.