Priority Rights. If the Managing Underwriter or Underwriters of any proposed Underwritten Offering advises Crestwood that the total amount of Registrable Securities that the Selling Holders and any other Persons intend to include in such offering exceeds the number that can be sold in such offering without being likely to have an adverse effect on the price, timing or distribution of the Common Units offered or the market for the Common Units, then the Common Units to be included in such Underwritten Offering shall include the number of Registrable Securities that such Managing Underwriter or Underwriters advises Crestwood can be sold without having such adverse effect, with such number to be allocated, (i) in the case of an Underwritten Offering initiated by Crestwood, (A) first, to Crestwood, (B) second, to any holder of securities of Crestwood having rights of registration that are expressly senior to the Registrable Securities (the “Senior Securities”), (C) third, pro rata among the Selling Holders who have requested participation in such Underwritten Offering and any other holder of securities of Crestwood having rights of registration that are neither expressly senior nor subordinated to the Registrable Securities (the “Parity Securities”), and (D) fourth, pro rata among any other holders of securities of Crestwood having registration rights, and (ii) in the case of an Underwritten Offering by any other holders of securities of Crestwood having registration rights (the “Other Holders”), (A) first, pro rata among the Other Holders, (B) second, pro rata among any other holder of Senior Securities, (C) third, pro rata among the Selling Holders who have requested participation in such Underwritten Offering and any other holder of Parity Securities, (C) fourth, to Crestwood and (D) fifth, pro rata among any other holders of securities of Crestwood having registration rights. The pro rata allocations for each Selling Holder who has requested participation in such Underwritten Offering shall be the product of (1) the aggregate number of Registrable Securities proposed to be sold in such Underwritten Offering by the Selling Holders multiplied by (2) the fraction derived by dividing (x) the number of Registrable Securities owned by such Selling Holder by (y) the aggregate number of Registrable Securities owned by all Selling Holders plus the aggregate number of Parity Securities owned by all holders of Parity Securities that are participating in the Underwritten Offering.
Priority Rights. During the advance notice period as described in Article 4.5 (b), Employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they are qualified, with the Employee with the greatest employment seniority having first priority rights.
Priority Rights. During the advance notice period, as described in Article employees who are so affected will have priority rights to fill any posted vacancy of an equivalent or lower classification level, provided they are qualified, with the employee with the greatest employment seniority having first priority rights. Should the posted vacancy be at a level lower than the employee's technologically-impacted position, the employee will retain current rate of pay and current wage range. In addition, the employee will receive future general increases and step increases in accordance with the Collective Agreement. New Job
Priority Rights. The conveyance by the Seller of the Priority Rights pursuant to this agreement for the operation of satellites and/or ancillary terrestrial component systems in the DBSD Territory, and the granting of covenants regarding interference with such operations, as contemplated in Section 8.1 of the License Agreement, will not conflict with or result in any breach of any agreement to which the Seller is a party or by which the Seller is bound (including without limitation all agreements with Xxx and Xxxxxxxx (Pty) Ltd.).
Priority Rights. Those discipline rights based on years of service within the discipline. They are one of the elements used in establishing a rotational system for determining schedules, overload, and extra-duty. Priority rights have no role within the staff reduction process.
Priority Rights. 6.1.1 Employers shall undertake to allow workers that are full members of the relevant union to have priority for general labouring work, when this is demanded and where members are available and are fully competent for the work in question.
Priority Rights. NBU and the User agree and understand that NBU cannot guarantee actual delivery of a specific quantity of water. Nevertheless, NBU will use its best efforts to provide Reuse Water to the User the monthly and annual priority amounts of Reuse Water specified in this Contract.
Priority Rights. 6.1.1. Employers undertake to grant employees who are full members of Efling in the union area in question priority rights to all general manual labour when such is required, and such is offered to members who are fully qualified for the work in question.
Priority Rights. ITL warrants that none of ITL or its Affiliates will (and ITL and its Affiliates will require their respective representatives not to) reverse engineer, re-engineer or disclose any data or information relating to the design, detailed specification or method of manufacture of UQM’s Products. ITL and its Affiliates will use commercially reasonable best efforts to enforce the foregoing provisions against their representatives and to cooperate with UQM in any legal action instituted by UQM against any representative that has reverse engineered, re-engineered or disclosed any data or information relating to the design, detailed specification or method of manufacture of UQM’s Products.
Priority Rights. Notwithstanding anything in this Agreement to the contrary, until the first anniversary of the Fourth Effective Time, Parent shall have priority rights to sell an amount of Common Shares up to the lesser of (i) $150,000,000 or (ii) the sum of any indebtedness incurred by Parent and Fluent in connection with the Mergers that remains outstanding, including, without limitation, the Fourth Merger Indebtedness (the “Priority Limit”) in any registered offering, whether initiated by Parent or the Holders, with the Holders having priority rights to sell any Registrable Shares above the Priority Limit in such registered offering; provided that, in no event shall such registered offering count as an Underwritten Demand Statement pursuant to Section 3(a) hereof. After the expiration of such one year period, the Holders shall have priority rights to sell the Registrable Shares pursuant to Section 3 hereof.
