Common use of Priority in Incidental Registrations Clause in Contracts

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise the Company in writing that, in its view, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend to include in such registration exceeds the Maximum Offering Size:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this in any underwritten offering contemplated by Section 3 2.3.2.1 shall advise inform the Company in writing that, in of its view, belief that the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Size: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.

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise involves an underwritten public offering and the managing underwriter or underwriters in good faith advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors Holders and any other persons Persons intend to include in such registration exceeds the Maximum Offering Size:largest number of securities which can be sold in such offering without having an adverse effect on such offering (including the price at which such securities can be sold), then the Company will promptly give the Holders written notice thereof, and the Company shall include in such registration

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section paragraph 3 shall advise involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber which can be sold in such offering, 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 securities determined as follows:

Priority in Incidental Registrations. If the managing underwriter ------------------------------------- of a registration pursuant to the underwritten offering contemplated by this Section Paragraph 3 shall advise inform the Company in writing that, in and the Investor by letter of its view, belief that the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber 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:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise 2.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend to include be included in such registration including the Incidental Registered Shares exceeds the Maximum Offering Size:number which can be sold in such offering without having an adverse effect on such offering as contemplated by the Company (including the price at which the Company proposes to sell such securities), then all shares otherwise to be sold by

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to the underwritten offering contemplated by this Section 3 2.2 shall advise inform the Company in writing that, in and Holders of the Registrable Securities requesting such registration by letter of its view, belief that the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Size: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

Priority in Incidental Registrations. If the managing underwriter of (i) Subject to paragraph (ii) below, if a registration pursuant to this Section 3 shall advise involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of equity securities (including all Registrable SecuritiesSecurities requested to be included in such offering by the Selling Holders) which that the Company, Company and the Charter Investors, the Softbank Investors and any other persons Selling Holders intend to include in such registration exceeds the Maximum Offering Size, the number of such securities to be included in such registration shall be reduced to such extent, and the Company will include in such registration up to the Maximum Offering Size as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise 1.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber which can be sold in such offering, 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 securities determined as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise section 2.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber which can be sold in such offering, 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 securities determined as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise 9.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber which can be sold in such offering, 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 securities determined as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (requested to be included in such registration would have an adverse effect on such offering, including all Registrable Securities) the price at which the Companysuch shares can be sold, the Charter Investors, the Softbank Investors and any other persons intend to Company will include in such registration exceeds the Maximum Offering Sizemaximum number of securities which it is so advised by such managing underwriter can be sold without such an adverse effect, allocated as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise section 9.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber which can be sold in such offering within a price range acceptable to the Company, 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 securities determined as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise paragraph 14.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber which can be sold in such offering, 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 securities determined as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Size:number which can be sold in such offering, so as to be likely to have an adverse effect on such offering as contemplated by the Company (including the price at which the Company proposes to sell such securities), then the Company will include in such registration

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise section 9.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include be included in such registration exceeds the Maximum Offering Sizenumber which can be sold in such offering, 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 securities determined as follows:

Priority in Incidental Registrations. If the managing underwriter of a registration pursuant to this Section 3 shall advise section 9.2 involves an underwritten offering and the managing underwriter advises the Company in writing that, in its viewopinion, the number or mix of securities (including all Registrable Securities) which the Company, the Charter Investors, the Softbank Investors and any other persons intend requested to include in such registration exceeds the Maximum Offering Size:be included