Common use of Exclusion of Registrable Securities Clause in Contracts

Exclusion of Registrable Securities. Notwithstanding any other provision of this Section, if the managing underwriter of the underwriting determines that marketing factors require a limitation of the number of shares to be offered in connection with such underwriting, the managing underwriter may limit the number of Registrable Securities to be included in the Registration and underwriting. The Company shall so advise any of its other securityholders who are distributing their securities through such underwriting pursuant to their respective piggyback registration rights, and the number of shares of Registrable Securities and other securities that may be included in the registration and underwriting shall be allocated first to the Company for securities being sold for its own account and thereafter to the Holder, pro rata with any other holders of Common Stock having registration rights at the time of the filing of the registration statement. If the Holder disapproves of the terms of any such underwriting, it may elect to withdraw therefrom by written notice to the Company. Any Registrable Securities so excluded or withdrawn from such underwriting shall be withdrawn from such Registration. If Registrable Securities are so withdrawn from the registration or if the number of shares of Registrable Securities to be included in such registration was previously reduced as a result of marketing factors, the Company shall then offer to all persons who have retained the right to include securities in the registration the right to include additional securities in the registration in an aggregate amount equal to the number of shares so withdrawn, with such shares to be allocated among the persons requesting additional inclusion pro rata amongst those persons requesting inclusion.

Exclusion of Registrable Securities. Notwithstanding any other provision provisions of this SectionSection 6, if the managing underwriter representative of the underwriting determines underwriters advises the Company in writing that marketing factors require a limitation of on the number of shares to be offered in connection with such underwritingunderwritten, the managing underwriter representative may (subject to the limitations set forth below) exclude all Registrable Securities from, or limit the number of Registrable Securities to be included in in, the Registration registration and underwriting. The Company shall so advise any of its other securityholders who are distributing their securities through such underwriting pursuant to their respective piggyback registration rightsthe Holder, and the number of shares of Registrable Securities and other securities that may are entitled to be included in the registration and underwriting shall be allocated first to the Company for securities being sold for its own account and thereafter to the Holder, pro rata with any other holders of Common Stock having registration rights at the time of the filing of the registration statementrights. If the a Holder disapproves of does not agree to the terms of any such underwriting, it may elect to withdraw such Holder shall be excluded therefrom by written notice to from the CompanyCompany or the underwriter. Any Registrable Securities so or other securities excluded or withdrawn from such underwriting shall be withdrawn from such Registrationregistration. If Registrable Securities shares of the Holder are so withdrawn from the registration or if the number of shares of Registrable Securities of the Holder to be included in such registration was previously reduced as a result of marketing factors, in any subsequent registration in which the Holder is permitted to participate under this Section 6, the Company shall then offer to all persons who have retained the right to include securities in the registration Holder the right to include additional securities in the registration in an aggregate amount equal to the number of shares so withdrawn, with such shares to be allocated among the persons requesting additional inclusion pro rata amongst those persons requesting inclusion.

Exclusion of Registrable Securities. Notwithstanding any other provision ----------------------------------- provisions of this SectionSection 6, if the managing underwriter representative of the underwriting determines underwriters advises the Company that marketing factors require a limitation of on the number of shares to be offered in connection with such underwritingunderwritten, the managing underwriter representative may (subject to the limitations set forth below) exclude all Registrable Securities from, or limit the number of Registrable Securities to be included in in, the Registration registration and underwriting. The Company shall so advise any of its other securityholders who are distributing their securities through such underwriting pursuant to their respective piggyback registration rightsthe Holder, and the number of shares of Registrable Securities and other securities that may are entitled to be included in the registration and underwriting shall be allocated first to the Company for securities being sold for its own account and thereafter to the Holder, pro rata with any other holders of Common Stock having registration rights at the time of the filing of the registration statementrights. If the Holder disapproves of does not agree to the terms of any such underwriting, it may elect to withdraw he shall be excluded therefrom by written notice to from the CompanyCompany or the underwriter. Any Registrable Securities so or other securities excluded or withdrawn from such underwriting shall be withdrawn from such Registrationregistration. If Registrable Securities shares are so withdrawn from the registration or if the number of shares of Registrable Securities to be included in such registration was previously reduced as a result of marketing factors, the Company shall then offer to all persons who have retained the right to include securities in the registration the right to include additional securities in the registration in an aggregate amount equal to the number of shares so withdrawn, with such shares to be allocated among the persons requesting additional inclusion pro rata amongst those persons requesting inclusion.

Exclusion of Registrable Securities. Notwithstanding any other provision ----------------------------------- provisions of this SectionSection 6, if the managing underwriter representative of the underwriting determines underwriter advises the Company that marketing factors require a limitation of on the number of shares to be offered in connection with such underwritingunderwritten, the managing underwriter representative may (subject to the limitations set forth below), exclude all Registrable Securities from, or limit the number of Registrable Securities to be included in the Registration registration and underwriting. The Company shall so advise any of its other securityholders who are distributing their securities through such underwriting pursuant to their respective piggyback registration rightsthe Holder, and the number of shares of Registrable Securities and other securities that may be are entitled to the included in the registration and underwriting shall be allocated first to the Company for securities being sold for its own account and thereafter to the Holder, pro rata with any other holders of Common Stock having registration rights at the time of the filing of the registration statementrights. If the Holder disapproves of does not agree to the terms of any such underwriting, it may elect to withdraw underwriting he shall be excluded therefrom by written notice to from the CompanyCompany or the underwriter. Any Registrable Securities so or other securities excluded or withdrawn from such underwriting shall be withdrawn from such Registrationregistration. If Registrable Securities shares are so withdrawn from the registration or if the number of shares of Registrable Securities to be included in such registration was previously reduced as a result of marketing factors, the Company shall then offer to all persons who have retained the right to include securities in the registration the right to include additional securities in the registration in an aggregate amount equal to so the number of shares so withdrawn, with such shares to be allocated among the persons requesting additional inclusion pro rata amongst those persons requesting inclusion.

Exclusion of Registrable Securities. Notwithstanding any other provision provisions of this SectionSection 8, if the managing underwriter representative of the underwriting determines underwriters advises the Company that marketing factors require a limitation of on the number of shares to be offered in connection with such underwritingunderwritten, the managing underwriter representative may (subject to the limitations set forth below) exclude all Registrable Securities from, or limit the number of Registrable Securities to be included in in, the Registration registration and underwriting. The Company shall so advise any of its other securityholders who are distributing their securities through such underwriting pursuant to their respective piggyback registration rightsthe Holder, and the number of shares of Registrable Securities and other securities that may are entitled to be included in the registration and underwriting shall be allocated first to the Company for securities being sold for its own account and thereafter to the Holder, pro rata with any other holders of Common Stock having registration rights at the time of the filing of the registration statementrights. If the Holder disapproves of does not agree to the terms of any such underwriting, it may elect to withdraw he shall be excluded therefrom by written notice to from the CompanyCompany or the underwriter. Any Registrable Securities so or other securities excluded or withdrawn from such underwriting shall be withdrawn from such Registrationregistration. If Registrable Securities shares are so withdrawn from the registration or if the number of shares of Registrable Securities to be included in such registration was previously reduced as a result of marketing factors, the Company shall then offer to all persons who have retained the right to include securities in the registration the right to include additional securities in the registration in an aggregate amount equal to the number of shares so withdrawn, with such shares to be allocated among the persons requesting additional inclusion pro rata amongst those persons requesting inclusion.

Exclusion of Registrable Securities. Notwithstanding any other provision of this Sectionparagraph, if the managing underwriter of the underwriting determines that marketing factors require a limitation of the number of shares to be offered in connection with such underwriting, the managing underwriter may limit the number of Registrable Securities to be included in the Registration and underwriting. The Company shall so advise any of its other securityholders who are distributing their securities through such underwriting pursuant to their respective piggyback registration rights, and the number of shares of Registrable Securities and other securities that may be included in the registration and underwriting shall be allocated first to the Company for securities being sold for its own account and thereafter to the Holder, pro rata with any other holders of Common Stock having registration rights at the time of the filing of the registration statement. If the Holder disapproves of the terms of any such underwriting, it may elect to withdraw therefrom by written notice to the Company. Any Registrable Securities so excluded or withdrawn from such underwriting shall be withdrawn from such Registration. If Registrable Securities are so withdrawn from the registration or if the number of shares of Registrable Securities to be included in such registration was previously reduced as a result of marketing factors, the Company shall then offer to all persons who have retained the right to include securities in the registration the right to include additional securities in the registration in an aggregate amount equal to the number of shares so withdrawn, with such shares to be allocated among the persons requesting additional inclusion pro rata amongst those persons requesting inclusion.