Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-rata on the basis of the Non-Holder Securities and Registrable Common Stock offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 14 contracts
Sources: Registration Rights Agreement (American Capital, LTD), Registration Rights Agreement (American Capital Mortgage Investment Corp.), Registration Rights Agreement (American Realty Capital Properties, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-pro rata on the basis of the Non-Holder Securities and Registrable Common Stock offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 8 contracts
Sources: Registration Rights Agreement (AG Mortgage Investment Trust, Inc.), Registration Rights Agreement (AG Mortgage Investment Trust, Inc.), Registration Rights Agreement (AG Mortgage Investment Trust, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders electing to participate in such offering pro-rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 4 contracts
Sources: Registration Rights Agreement (Apollo Residential Mortgage, Inc.), Registration Rights Agreement (Apollo Residential Mortgage, Inc.), Registration Rights Agreement (Apollo Commercial Real Estate Finance, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares, including a holder of Manager Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-electing to participate in such offering pro rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 3 contracts
Sources: Private Placement Purchase Agreement (Provident Mortgage Capital Associates, Inc.), Registration Rights Agreement (Provident Mortgage Capital Associates, Inc.), Registration Rights Agreement (Provident Mortgage Capital Associates, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 3 contracts
Sources: Registration Rights Agreement (Starwood Waypoint Residential Trust), Registration Rights Agreement (Starwood Waypoint Residential Trust), Registration Rights Agreement (Starwood Waypoint Residential Trust)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-electing to participate in such offering pro rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 3 contracts
Sources: Registration Rights Agreement (Ignite Restaurant Group, Inc.), Registration Rights Agreement (Ignite Restaurant Group, Inc.), Registration Rights Agreement (PIMCO REIT, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-pro rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 3 contracts
Sources: Registration Rights Agreement (Lexington Realty Trust), Registration Rights Agreement (Lexington Realty Trust), Registration Rights Agreement (Lexington Realty Trust)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities electing to participate in such offering and all Holders pro-the Holder pro rata on the basis of the number of Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each the Holder, respectively, electing to participate in such registration.
Appears in 2 contracts
Sources: Registration Rights Agreement (Phibro Animal Health Corp), Registration Rights Agreement (Phibro Animal Health Corp)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares, including a holder of Private Placement Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-electing to participate in such offering pro rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 2 contracts
Sources: Registration Rights Agreement (Provident Mortgage Capital Associates, Inc.), Registration Rights Agreement (Provident Mortgage Capital Associates, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s 's securities other than Registrable Registerable Common Stock (“"Non-Holder Securities”"), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Registerable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s 's equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-the Shareholder pro rata on the basis of the Non-Holder Securities and Registrable Registerable Common Stock offered for such registration by the holder of Non-Holder Securities and each Holderthe Shareholder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (First Union Real Estate Equity & Mortgage Investments)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Shares, including a holder of Private Placement Shares (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-rata electing to participate in such offering prorata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Private Placement Purchase Agreement (Provident Mortgage Capital Associates, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s 's securities other than Registrable Common Stock (“"Non-Holder Securities”"), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s 's equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-pro rata on the basis of the Non-Holder Securities and Registrable Common Stock offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (Arbor Realty Trust Inc)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s 's securities other than Registrable Common Stock Shares (“"Non-Holder Securities”"), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s 's equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-pro rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (Vornado Realty Trust)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock (the “Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders the Sponsor Investor pro-rata on the basis of the Non-Holder Securities and Registrable Common Stock offered for in such registration offering by the holder of Non-Holder Securities and each Holderthe Sponsor Investor, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (Orchid Island Capital, Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock Securities (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Securities proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-rata on the basis of the Non-Holder Securities and Registrable Common Stock Securities offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (Stalwart Tankers Inc.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the CompanyTrust’s securities other than Registrable Common Stock Shares (“Non-Holder Securities”), and the managing underwriters advise the Company Trust in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the CompanyTrust’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (United Development Funding IV)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s 's securities other than Registrable Common Stock (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s 's equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-rata on the basis of the Non-Holder Securities and Registrable Common Stock offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (American Capital Mortgage Investment Corp.)
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Common Stock (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-electing to participate in such offering pro rata on the basis of the Non-Holder Securities and Registrable Common Stock Shares offered for such registration by the holder of Non-Holder Securities and each Holder, respectively, electing to participate in such registration.
Appears in 1 contract
Priority on Secondary Registrations. If a Piggyback Registration is an underwritten secondary registration on behalf of a holder of the Company’s securities other than Registrable Registerable Common Stock (“Non-Holder Securities”), and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Registerable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the holders of Non-Holder Securities and all Holders pro-the Shareholder pro rata on the basis of the Non-Holder Securities and Registrable Registerable Common Stock offered for such registration by the holder of Non-Holder Securities and each Holderthe Shareholder, respectively, electing to participate in such registration.
Appears in 1 contract
Sources: Registration Rights Agreement (Newkirk Realty Trust, Inc.)