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 Company and the Investors engaged in a Registration under SECTION 2.3(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 clause (iii) below) may exclude some or all of the Registrable Securities from such registration and underwriting.

Appears in 2 contracts

Samples: Investor Rights Agreement (Mission Critical Software Inc), Investor Rights Agreement (Mission Critical Software Inc)

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Marketing Limitation in Piggyback Registration. In the event the Underwriter's Representative advises the Company and the Investors Purchasers engaged in a Registration under SECTION 2.3(aSection 10.3(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 clause (iii) below) may exclude some or all of the Registrable Securities from such registration and underwriting.

Appears in 1 contract

Samples: Securities Purchase Agreement (FBR Capital Corp /Nv/)

Marketing Limitation in Piggyback Registration. In the event the Underwriter's Representative advises the Company and the Investors engaged in a Holders seeking Registration under SECTION 2.3(a) of Registrable Securities pursuant to Section 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 clause (iii) belowSection 3.2.3) may exclude some or all of the Registrable Securities from such registration Registration and underwriting.

Appears in 1 contract

Samples: Registration Rights Agreement (Aerogen Inc)

Marketing Limitation in Piggyback Registration. In the event the Underwriter's Representative advises the Company and the Investors Holder engaged in a Registration under SECTION 2.3(a) 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 Representative (subject to the allocation priority set forth in clause (iiiIii) below) may exclude some or all of the Registrable Securities from such registration Registration and underwriting.

Appears in 1 contract

Samples: Nomos Corp

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Marketing Limitation in Piggyback Registration. In the event the Underwriter's Representative advises the Company and the Investors Holder engaged in a Registration under SECTION 2.3(a) Subsection 7.2.1 in writing that market factors (including, without limitation, . the aggregate agreeable 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 (subject to the allocation priority set forth in clause (iii) below) may exclude some or all of the Registrable Securities from such registration Registration and underwriting.

Appears in 1 contract

Samples: Nomos Corp

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