Priority in Incidental Registrations. If the managing underwriter of the underwritten offering contemplated by this Section 3 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first securities proposed by the Company to be sold for its own account, and (ii) second to holders of securities having demand registration rights and exercising such rights in connection with such registration statement, (iii) third Registrable Securities, and for (iv) fourth to securities of other selling security holders (including officers, directors and 5% stockholders, subject to any lock-up agreements with such persons) who requested to be included in such registration.
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Sources: Registration Rights Agreement (Achievers Magazine Inc), Registration Rights Agreement (Deli Solar (USA), Inc.), Registration Rights Agreement (Capital Solutions I, Inc.)
Priority in Incidental Registrations. If the managing underwriter of the an underwritten offering contemplated by this Section 3 Article 4 shall inform the Company and holders of the Registrable Securities requesting such registration by letter Investor of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first first, securities proposed by the Company to be sold for its own account, and (ii) second second, securities to be sold by holders of securities having demand registration rights and exercising such rights in connection with such registration statement, statement (iii) third third, Registrable Securities, Securities proposed to be sold by the Investor and for (iv) fourth fourth, securities to securities of be sold by other selling security holders (including officers, directors and 5% stockholders, subject to any lock-up agreements with such persons) who requested to be included in such registrationholders.
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Sources: Securities Purchase Agreement (Thermoenergy Corp), Securities Purchase Agreement (Thermoenergy Corp)
Priority in Incidental Registrations. If the managing underwriter of the underwritten offering contemplated by this Section 3 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first securities proposed by the Company to be sold for its own account, and (ii) second to holders of securities having demand registration rights and exercising such rights in connection with such registration statement, (iii) third Registrable Securities, Securities and for (iv) fourth to securities of other selling security holders (including officers, directors and 5% stockholders, subject to any lock-up agreements with such persons) who requested to be included in such registrationregistration (other than affiliates of the Company), on a pari passu basis, and (iv) to affiliates of the Company.
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Sources: Registration Rights Agreement (Adsouth Partners, Inc.)
Priority in Incidental Registrations. If the managing underwriter of the an underwritten offering contemplated by this Section 3 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first securities proposed by the Company to be sold for its own account, and (ii) second to holders of securities having demand registration rights and exercising such rights in connection with such registration statementstatement and the holders of Registrable Securities and Covered Securities, on a pari passu basis and (iii) third Registrable Securities, and for (iv) fourth to securities of other selling security holders (including officers, directors and 5% stockholders, subject to any lock-up agreements with such persons) who requested requesting to be included in such registrationregistration (other than affiliates of the Company), on a pari passu basis, and (iv) to affiliates of the Company.
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