Common use of Priority in Incidental Registrations Clause in Contracts

Priority in Incidental Registrations. If the managing underwriter of the underwritten offering contemplated by this Section 3 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first securities proposed by the Company to be sold for its own account, and (ii) second Registrable Securities and (iii) securities of other selling security holders requested to be included in such registration.

Appears in 32 contracts

Samples: Registration Rights Agreement (Caneum Inc), Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Common Stock Purchase Agreement (Asia Premium Television Group)

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Priority in Incidental Registrations. If the managing underwriter of the underwritten offering contemplated by this Section 3 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first first, securities proposed by the Company to be sold for its own account, and (ii) second second, Registrable Securities and (iii) third, securities of other selling security holders requested to be included in such registration.

Appears in 3 contracts

Samples: Registration Rights Agreement (Enucleus Inc), Registration Rights Agreement (Enucleus Inc), Registration Rights Agreement (Enucleus Inc)

Priority in Incidental Registrations. If the managing underwriter of the ------------------------------------- underwritten offering contemplated by this Section 3 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first securities proposed by the Company to be sold for its own account, and (ii) second Registrable Securities and (iii) securities of other selling security holders requested to be included in such registration.

Appears in 2 contracts

Samples: Registration Rights Agreement (Entech Environmental Technologies Inc), Registration Rights Agreement (Entech Environmental Technologies Inc)

Priority in Incidental Registrations. If the managing underwriter of the underwritten offering contemplated by this Section 3 3.1 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first securities proposed by the Company to be sold for its own account, and (ii) second Registrable Securities and (iii) securities of other selling security holders requested to be included in such registration.

Appears in 1 contract

Samples: Note Purchase Agreement (PCS Edventures Com Inc)

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Priority in Incidental Registrations. If the managing underwriter of the underwritten offering contemplated by this Section 3 2 shall inform the Company and holders of the Registrable Securities requesting such registration by letter of its belief that the number of securities requested to be included in such registration exceeds the number which can be sold in such offering, then the Company will include in such registration, to the extent of the number which the Company is so advised can be sold in such offering, (i) first securities proposed by the Company to be sold for its own account, and (ii) second Registrable Securities and (iii) securities of other selling security holders requested to be included in such registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Broadcast International Inc)

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