Common use of Priority on Primary Piggyback Registrations Clause in Contracts

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders (if any Holders have elected to include Registrable Common Stock in such Piggyback Registration) that in their opinion the number of shares of Common Stock proposed to be included in such registration exceeds the number of shares of Common Stock which can be sold in such offering and/or that the number of shares of Common Stock proposed to be included in any such registration would adversely affect the price per share of the Common Stock to be sold in such offering, the Company shall include in such registration (i) first, the number of shares of Common Stock that the Company proposes to sell, and (ii) second, the number of shares of Common Stock requested to be included therein by holders of Common Stock, including the Holders (if any Holders have elected to include Registrable Common Stock in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock requested to be included therein by all such holders or as such holders may otherwise agree.

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders Stockholder (if any Holders have the Stockholder has elected to include Registrable Common Stock in such Piggyback Registration) that in their opinion the number of shares of Common Stock proposed to be included in such registration offering exceeds the number of shares of Common Stock which can be sold in such offering and/or that without materially delaying or jeopardizing the number success of shares of Common Stock proposed to be included in any such registration would adversely affect the offering (including the price per share of the Common Stock proposed to be sold in such offering), the Company shall include in such registration and offering (i) first, the number of shares of Common Stock that the Company proposes to sell, and (ii) second, the number of shares of Common Stock requested to be included therein by holders of Common Stock, including the Holders Stockholder (if any Holders have the Stockholder has elected to include Registrable Common Stock in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock requested to be included therein by all such holders or as such holders and the Company may otherwise agree.

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders Stockholder (if any Holders have the Stockholder has elected to include Registrable Common Stock Securities in such Piggyback Registration) that in their opinion the number of shares of Common Stock proposed to be included in such registration offering exceeds the number of shares of Common Stock which can be sold in such offering and/or that without materially delaying or jeopardizing the number success of shares of Common Stock proposed to be included in any such registration would adversely affect the offering (including the price per share of the Common Stock proposed to be sold in such offering), the Company shall include in such registration and offering (i) first, the number of shares of Common Stock that the Company proposes to sell, and (ii) second, the number of shares of Common Stock requested to be included therein by holders of Common Stock, including the Holders Stockholder (if any Holders have the Stockholder has elected to include Registrable Common Stock Securities in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock requested to be included therein by all such holders or as such holders and the Company may otherwise agree.

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders (if any of the Holders have elected to include Registrable Common Stock in such Piggyback Registration) that in their opinion the number of shares of Common Stock proposed to be included in such registration exceeds the number of shares of Common Stock which can be sold in such offering and/or that the number of shares of Common Stock proposed to be included in any such registration would adversely affect the price per share of the Common Stock to be sold in such offering, the Company shall include in such registration (i) first, the number of shares of Common Stock that the Company proposes to sell, and (ii) second, the number of shares of Common Stock requested to be included therein by holders of Common Stock, including the Holders (if any of the Holders have elected to include Registrable Common Stock in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock requested to be included therein by all such holders or as such holders may otherwise agree.

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders Investor (if any Holders have the Investor has elected to include Registrable Common Stock Shares in such Piggyback Registration) that in their opinion the number of shares of Common Stock Shares proposed to be included in such registration offering exceeds the number of shares Shares (of Common Stock which any class) that can be sold in such offering and/or that without materially delaying or jeopardizing the number success of shares of Common Stock proposed to be included in any such registration would adversely affect the offering (including the price per share of the Common Stock Shares proposed to be sold in such offering), the Company shall include in such registration and offering (i) first, the number of shares of Common Stock Shares that the Company proposes to sell, and (ii) second, the number of shares of Common Stock Shares requested to be included therein by holders of Common StockShares, including the Holders Investor (if any Holders have the Investor has elected to include Registrable Common Stock Shares in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock Shares requested to be included therein by all such holders or as such holders and the Company may otherwise agreeagree (with allocations among different classes of Shares, if more than one are involved, to be determined by the Company).

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders Shareholder (if any Holders have the Shareholder has elected to include Registrable Common Stock Shares in such Piggyback Registration) that in their opinion the number of shares of Common Stock Shares proposed to be included in such registration offering exceeds the number of shares of Common Stock Shares which can be sold in such offering and/or that without materially delaying or jeopardizing the number success of shares of Common Stock proposed to be included in any such registration would adversely affect the offering (including the price per share of the Common Stock Shares proposed to be sold in such offering), the Company shall include in such registration and offering (i) first, the number of shares of Common Stock Shares that the Company proposes to sell, and (ii) second, the number of shares of Common Stock Shares requested to be included therein by holders of Common StockShares, including the Holders Shareholder (if any Holders have the Shareholder has elected to include Registrable Common Stock Shares in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock Shares requested to be included therein by all such holders or as such holders and the Company may otherwise agree.

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders Holder (if any Holders have the Holder has elected to include Registrable Common Stock in such Piggyback Registration) that in their opinion the number of shares of Common Stock proposed to be included in such registration exceeds the number of shares of Common Stock which can be sold in such offering and/or that the number of shares of Common Stock proposed to be included in any such registration would adversely affect the price per share of the Common Stock to be sold in such offering, the Company shall include in such registration (i) first, the number of shares of Common Stock that the Company proposes to sell, and (ii) second, the number of shares of Common Stock requested to be included therein by holders of Common Stock, including the Holders Holder (if any Holders have the Holder has elected to include Registrable Common Stock in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock requested to be included therein by all such holders or as such holders may otherwise agree.

Priority on Primary Piggyback Registrations. If a Piggyback Registration is initiated as a primary underwritten offering on behalf of the Company and the managing underwriters advise the Company and the Holders (if any Holders have Holder has elected to include Registrable Common Stock Securities in such Piggyback Registration) that in their the opinion of the managing underwriters, the number of shares of Common Stock Shares proposed to be included in such registration exceeds the number of shares of Common Stock Shares which can be sold in such offering and/or that the number of shares of Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Common Stock Shares to be sold in such offering, the Company shall include in such registration (i) first, the number of shares of Common Stock Shares that the Company proposes to sell, and (ii) second, the number of shares of Common Stock Shares requested to be included therein by holders of Common StockShares, including the Holders (if any Holders have Holder has elected to include Registrable Common Stock Securities in such Piggyback Registration), pro rata among all such holders on the basis of the number of shares of Common Stock Shares requested to be included therein by all such holders or as such holders may otherwise agree.