Common use of Marketing Limitation in Demand Registration Clause in Contracts

Marketing Limitation in Demand Registration. In the event the Underwriter’s Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of Common Shares requested to be Registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company shall so advise all Holders of Registrable Securities which would otherwise be underwritten thereto, and the number of shares to be included in the Registration shall be allocated among all other Holders in proportion, as nearly as practicable, to the respective amounts of Registrable Securities entitled to inclusion in that Registration held by those Holders at the time of filing the Registration Statement. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 8.3(d) shall be included in that Registration Statement.

Appears in 1 contract

Samples: Shareholders Agreement (E-Commerce China Dangdang Inc.)

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Marketing Limitation in Demand Registration. In the event If the Underwriter’s Representative advises the Initiating Holders in writing that market factors (including, without limitationbut not limited to, the aggregate number of Common Shares requested to be Registered, the general condition of the market, and the status of the persons Persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company shall so advise all Holders of Registrable Securities which that would otherwise be underwritten thereto, and the number of shares to be included in the Registration shall be allocated first among all other Holders in proportion, as nearly as practicable, to the respective amounts of Registrable Securities entitled requested by such Holders to inclusion in be included; provided that Registration the number of shares of Registrable Securities held by those Holders at the time of filing the Registration Statement. No Registrable Securities to be included in such underwriting pursuant to Section 4.1 or 4.2 will not be reduced unless all other securities are first entirely excluded from the underwriting by reason of this Section 8.3(d) shall be included in that Registration Statementunderwriting.

Appears in 1 contract

Samples: Investor Rights Agreement (Tivo Inc)

Marketing Limitation in Demand Registration. In the event the Underwriter’s 's Representative advises the Initiating Holders Company in writing that market factors (including, without limitation, the aggregate number of shares of Common Shares Stock requested to be Registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the Registration) require a limitation of the number of shares to be underwritten, then the Company shall so advise all Holders of Registrable Securities which would otherwise be underwritten theretoHolders, and the number of shares to of Registrable Securities that may be included in the Registration and underwriting shall be allocated among all other Holders in proportion, as nearly as practicable, to the respective amounts number of shares proposed to be included in such Registration by such Holder; provided, however, that the number of shares of Registrable Securities entitled to inclusion be included in that Registration held such underwriting shall not be reduced unless all other securities (including those proposed to be included by those Holders at the time Company and the officers and directors of filing the Registration StatementCompany) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 8.3(d) 6.5.4 shall be included in that such Registration Statement.

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Microcide Pharmaceuticals Inc)

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Marketing Limitation in Demand Registration. In the event the Underwriter’s 's Representative advises the Initiating Holders in writing that market factors (including, without limitation, the aggregate number of shares of Common Shares Stock requested to be Registeredregistered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the Registrationregistration) require a limitation of the number of shares to be underwritten, then the Company Initiating Holders shall so advise all Holders of Registrable Securities which would otherwise be underwritten theretoHolders, and the number of shares to of Registrable Securities that may be included in the Registration registration and underwriting shall be allocated among all other Holders in proportion, as nearly as practicable, to the respective amounts number of Registrable Securities entitled to inclusion in that Registration shares held by those Holders such Holder at the time of filing the Registration Statement; provided, however, that the number of shares of Registrable Securities to be included in such underwriting shall not be reduced unless all other securities (including those proposed to be included by the Company) are first entirely excluded from the underwriting. No Registrable Securities or other securities excluded from the underwriting by reason of this Section 8.3(d) 6.5.4 shall be included in that such Registration Statement.

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Terayon Communication Systems)

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