Common use of Marketing Limitation in Piggyback Registration Clause in Contracts

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c)) may:

Appears in 5 contracts

Samples: Investor Rights Agreement (Conatus Pharmaceuticals Inc), Investor Rights Agreement (Evoke Pharma Inc), Investor Rights Agreement (Conatus Pharmaceuticals Inc)

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Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 7 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c7.2(c)) may:

Appears in 4 contracts

Samples: Information and Registration Rights Agreement, Information and Registration Rights Agreement (ConforMIS Inc), Information and Registration Rights Agreement (ConforMIS Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Corporation and the Holders seeking Registration of Registrable Securities pursuant to engaged in a registration under Section 3.2 2.2(a) in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c)clause (iii) may:below) may exclude some or all of the Registrable Securities from such registration and underwriting.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Exagen Inc.), Investors’ Rights Agreement (Exagen Diagnostics Inc), Investors’ Rights Agreement (Exagen Diagnostics Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Company and the Holder engaged in a Registration of Registrable Securities pursuant to Section 3.2 under Subsection 7.2.1 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be Registered, the general condition of the market, 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)7.2.4) may:may exclude some or all of the Registrable Securities from such Registration and underwriting.

Appears in 3 contracts

Samples: Mdi Entertainment Inc, Mdi Entertainment Inc, Mdi Entertainment Inc

Marketing Limitation in Piggyback Registration. In Notwithstanding anything in this Section 8 to the event contrary, if the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market marketing factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Underwriters' Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 2 contracts

Samples: Shareholders Agreement (Yingli Green Energy Holding Co LTD), Shareholders Agreement (Yingli Green Energy Holding Co LTD)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 Company in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative Company (subject to the allocation priority set forth in Section 3.2.2(c7.2(c)) may:

Appears in 2 contracts

Samples: Information and Registration Rights Agreement, Information and Registration Rights Agreement (Corus Pharma Inc)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 3 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c3.2(c)) may:may limit the number of shares of Registrable Securities to be included in such Registration and underwriting to not less than 20% of the securities included in such Registration.

Appears in 2 contracts

Samples: Registration Rights Agreement (Southwall Technologies Inc /De/), Registration Rights Agreement (Southwall Technologies Inc /De/)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c3.2.2(b)) may:

Appears in 2 contracts

Samples: Investors’ Rights Agreement (GLAUKOS Corp), Investors’ Rights Agreement (GLAUKOS Corp)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Company and the Holder engaged in a Registration of Registrable Securities pursuant to Section 3.2 under Subsection 7.2.1 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be Registered, the general condition of the market, 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)clause (iii) may:below) may exclude some or all of the Registrable Securities from such Registration and underwriting.

Appears in 2 contracts

Samples: Atlantis Equities Inc, Cdbeat Com Inc

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Underwriters’ Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 4 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Underwriters’ Representative (subject to the allocation priority set forth in Section 3.2.2(c4.2(c)) may:

Appears in 2 contracts

Samples: Registration Rights Agreement (Charm Communications Inc.), Registration Rights Agreement (Simcere Pharmaceutical Group)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders Investors seeking Registration of Registrable Securities pursuant to this Section 3.2 5.3 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c5.3.2(c)) may:

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sorrento Therapeutics, Inc.), Stock Purchase Agreement (Sorrento Therapeutics, Inc.)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Underwriters’ Representative advises the Holders Investor seeking Registration of Registrable Securities pursuant to this Section 3.2 2.3 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary Shares requested to be Registered, the general condition of the market, 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, the Underwriter’s Underwriters’ Representative (subject to the allocation priority set forth in Section 3.2.2(c2.3(b)(iii)) may:may limit the number of shares of Registrable Securities to be included in the Registration and underwriting.

Appears in 2 contracts

Samples: Shareholder Agreement (Solarfun Power Holdings Co., Ltd.), Shareholder Agreement (Hanwha Solar Holdings Co., Ltd.)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 2.4 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative may (subject to the allocation priority set forth in Section 3.2.2(c2.4(d)) may:limit the number of Registrable Securities to be included therein, down to complete exclusion.

Appears in 2 contracts

Samples: Registration Rights Agreement (Nexell Therapeutics Inc), Registration Rights Agreement (Baxter International Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c3.2(b)(iii)) may:

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Sonendo, Inc.), Investors’ Rights Agreement (Sonendo, Inc.)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 2 contracts

Samples: Information and Registration Rights Agreement (Nextest Systems Corp), Information and Registration Rights Agreement (Nextest Systems Corp)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 2 contracts

Samples: Shareholders’ Agreement (Bona Film Group LTD), Shareholders’ Agreement (Country Style Cooking Restaurant Chain Co., Ltd.)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 4 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c4.2(c)) may:

Appears in 2 contracts

Samples: Investor Rights Agreement (Jazz Pharmaceuticals Inc), Investor Rights Agreement (Jazz Pharmaceuticals Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 2 contracts

Samples: Shareholders’ Agreement (CDP Holdings, LTD), Shareholders’ Agreement (Sungy Mobile LTD)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 2 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be Registered, the general condition of the market, 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)2.2.3) may:may exclude some or all Registrable Securities from such registration and underwriting.

Appears in 2 contracts

Samples: Registration Rights Agreement (Frisby Technologies Inc), Registration Rights Agreement (Frisby Technologies Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)8.2.3) may:

Appears in 2 contracts

Samples: Registration Rights Agreement (Concur Technologies Inc), Rights Agreement (Concur Technologies Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 2.2 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c2.2(b)(iii)) may:may exclude some or all Registrable Securities from such Registration and underwriting.

Appears in 2 contracts

Samples: Airnet Communications Corp, Airnet Communications Corp

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Underwriters’ Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 3 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Underwriters’ Representative (subject to the allocation priority set forth in Section 3.2.2(c3.2(c)) may:

Appears in 1 contract

Samples: Registration Rights Agreement (Camelot Information Systems Inc.)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Company and the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 5 in writing that market factors (including, without limitationbut not limited to, the aggregate number of shares of Common Stock 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c5.2(c)) may:

Appears in 1 contract

Samples: Investor Rights Agreement (Tivo Inc)

Marketing Limitation in Piggyback Registration. In ---------------------------------------------- the event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 7 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)) may:

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Neurocrine Biosciences Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 6 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)6.2.3) may:

Appears in 1 contract

Samples: Investor Rights Agreement (E Stamp Corp)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 3 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c3.2(c)) may:

Appears in 1 contract

Samples: Registration Rights Agreement (Phenomix CORP)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 2.2 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c2.2(b)(iii)) may:may exclude some or all Registrable Securities from such Registration and underwriting.

Appears in 1 contract

Samples: Agreement (SCP Private Equity Partners Ii Lp)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 9 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c9.2(c)) may:

Appears in 1 contract

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

Marketing Limitation in Piggyback Registration. In the event ---------------------------------------------- the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing Company that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative and the Company (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 1 contract

Samples: Investor Rights Agreement (Ebay Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 1 contract

Samples: Shanda Interactive Entertainment Limited Shareholders Agreement (Shanda Interactive Entertainment LTD)

Marketing Limitation in Piggyback Registration. In the event ---------------------------------------------- the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 7 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c7(b)(iii)) may:

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Natus Medical Inc)

Marketing Limitation in Piggyback Registration. In the event the ----------------------------------------------- Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 6 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c6.2(c)) may:

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Corcept Therapeutics Inc)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Biomimetic Therapeutics, Inc.)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders recipients of Merger Consideration seeking Registration of Registrable Securities pursuant to Section 3.2 1.13(b) in writing that market factors (including, without limitation, the aggregate number of shares of Parent Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c1.13(d)) may:may exclude some or all Registrable Securities from such Registration and underwriting.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)

Marketing Limitation in Piggyback Registration. In ---------------------------------------------- the event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 3 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)3.2.3) may:

Appears in 1 contract

Samples: Demand Registration Rights Agreement (Shopping Com)

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Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 1 contract

Samples: Shareholders Agreement (China Finance Online Co. LTD)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders Investors seeking Registration of Registrable Securities pursuant to this Section 3.2 5.1 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c5.1.2(c)) may:

Appears in 1 contract

Samples: Stock Purchase Agreement (Sorrento Therapeutics, Inc.)

Marketing Limitation in Piggyback Registration. In the ---------------------------------------------- event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 7 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)7.2.3) may:

Appears in 1 contract

Samples: Investors' Rights Agreement (Andromedia Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 7 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)7.2.3) may:

Appears in 1 contract

Samples: Rights Agreement (Com21 Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders Company seeking Registration registration of Registrable Securities pursuant to Section 3.2 7 in writing that market factors (including, without limitation, the aggregate 42 number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)) may:

Appears in 1 contract

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

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 4 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)4.2.3) may:

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Large Scale Biology Corp)

Marketing Limitation in Piggyback Registration. In the event ---------------------------------------------- the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing Company that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative and the Company (subject to the allocation priority set forth in Section 3.2.2(c)5.2.3) may:

Appears in 1 contract

Samples: Investor Rights Agreement (Interwoven Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c3.2.2(b)) may:

Appears in 1 contract

Samples: Rights Agreement (Somaxon Pharmaceuticals, Inc.)

Marketing Limitation in Piggyback Registration. In the event the Underwriterunderwriter’s Representative representative advises the Holders seeking Company and the Employee engaged in a Registration of Registrable Securities pursuant to under Section 3.2 4.02(a) in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock 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, the Underwriterunderwriter’s Representative representative (subject to the allocation priority set forth in Section 3.2.2(c)clause (iii) may:below) may exclude some or all of the Registrable Securities from such registration and underwriting.

Appears in 1 contract

Samples: Employment Agreement (Drugmax Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 8 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c8.2(c)) may:

Appears in 1 contract

Samples: Shareholders Agreement (China Digital TV Holding Co., Ltd.)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing Company that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative may (subject to the allocation priority set forth in Section 3.2.2(c)subsection 2.2.3) may:exclude Registrable Securities from the Registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Itron Inc /Wa/)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 9 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)9.2.3) may:

Appears in 1 contract

Samples: Information and Registration Rights Agreement (Rambus Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 5 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c5.2(c)) may:

Appears in 1 contract

Samples: Shareholders’ Agreement (CDP Holdings, LTD)

Marketing Limitation in Piggyback Registration. In the ---------------------------------------------- event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in writing that market factors (including, without limitationlimi tation, the aggregate number of shares of Common Stock requested to be Registered, the general condition of the market, and the status of the persons proposing to sell securities pursuant to the RegistrationRegis tration) require a limitation of the number of shares to be underwritten, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)3.2.3) may:may exclude some or all Registrable Stock from such registration and underwriting.

Appears in 1 contract

Samples: Registration Rights Agreement (Software Com Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative Underwriter advises the Holders seeking Registration Purchaser and the holders of Registrable the Registerable Securities pursuant to Section 3.2 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be Registered, the general condition of the market, 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, the Underwriter’s Representative Underwriter (subject to the allocation priority set forth in Section 3.2.2(c)11.2(b) may:(iii) below) may exclude some or all of the Registrable Securities from such Registration and underwriting.

Appears in 1 contract

Samples: Prestige Acquisition Agreement (Affinity International Travel Systems Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Underwriters' Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 4 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock Ordinary 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, the Underwriter’s Underwriters' Representative (subject to the allocation priority set forth in Section 3.2.2(c4.2(c)) may:

Appears in 1 contract

Samples: Registration Rights Agreement (Solarfun Power Holdings Co., Ltd.)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Holders seeking Investors requesting Registration of Registrable Securities pursuant to Section 3.2 3.2(a) in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c3.2(c)) may:may exclude some or all Registrable Securities from such registration and underwriting.

Appears in 1 contract

Samples: Registration Rights Agreement (New Source Energy Corp)

Marketing Limitation in Piggyback Registration. In Notwithstanding any other provision of this Section 3, in the event the Underwriter’s Representative advises (i) the Company in the case of the Company’s initial Registered public offering or (ii) the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 in the case of any subsequent Registered public offering, in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c)) maymay in its sole discretion:

Appears in 1 contract

Samples: Investor Rights Agreement (Skinmedica Inc)

Marketing Limitation in Piggyback Registration. In the event ---------------------------------------------- the Underwriter’s Representative underwriters' representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 5.3.1(b) in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock requested to be Registered, Registered or 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c)) underwriters' representative may:

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Cell Genesys Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s Representative advises the Holders seeking Registration of Registrable Securities pursuant to this Section 3.2 10 in writing that market factors (including, without limitation, the aggregate number of shares of Common Stock 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 limits the number of shares to be underwritten, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c10.2(c)) may:

Appears in 1 contract

Samples: Shareholders Agreement (Pixelplus Co., Ltd.)

Marketing Limitation in Piggyback Registration. In the event If the Underwriter’s Representative advises the Holders seeking Registration registration of Registrable Securities pursuant to Section 3.2 7 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s Representative (subject to the allocation priority set forth in Section 3.2.2(c)7.2.3) may:

Appears in 1 contract

Samples: Registration Rights Agreement (Synageva Biopharma Corp)

Marketing Limitation in Piggyback Registration. In the event the Underwriter’s 's Representative advises the Holders seeking Registration of Registrable Securities pursuant to Section 3.2 2 in writing that market factors (including, without limitation, the aggregate number of shares of Common 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, the Underwriter’s 's Representative (subject to the allocation priority set forth in Section 3.2.2(c)2.2.3) may:may limit the number of, or eliminate, the shares of Holders' Registrable Securities to be included in such Registration and underwriting.

Appears in 1 contract

Samples: Purchase and Option Agreement (Bentley Systems Inc)

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