Common use of Priority in Piggyback Registrations Clause in Contracts

Priority in Piggyback Registrations. If the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in a Piggyback Registration exceeds the number which can be sold in such offering, the Company shall include in such registration (i) first, the securities the Company proposes to sell, if any, and (ii) second, the Registrable Shares requested to be included in such registration, pro rata among Energy Spectrum and the holders of other securities requested to be included on the basis of the then number of Registrable Shares and other securities requested to be included by each holder of such securities.

Priority in Piggyback Registrations. If the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in a Piggyback Registration registration exceeds the number which can be sold in such offering, the Company shall include in such registration (i) first, the securities of the Company proposes proposed to sell, if any, be registered as described in the Piggyback Registration Notice and (ii) second, the Registrable Shares requested to be included in such registration, pro rata among Energy Spectrum and the holders of all such Registrable Shares and other securities requested to be included on the basis of the then number of Registrable Shares and other securities requested to be included by each holder of such securitiesholder.

Priority in Piggyback Registrations. If the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in a Piggyback Registration registration exceeds the number which can be sold in such offering, the Company shall include in such registration (i) first, the securities the Company proposes to sell, if any, and (ii) second, the Registrable Shares requested to be included in such registration, pro rata among Energy Spectrum and the holders of all such Registrable Shares and other securities requested to be included on the basis of the then number of Registrable Shares and other securities requested to be included by each holder of such securitiesholder.

Priority in Piggyback Registrations. If the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in a Piggyback Registration exceeds the number which can be sold in such offering, the Company shall include in such registration (i) first, the securities the Company proposes to sell, if any, and (ii) second, the Registrable Shares requested to be included in such registration, pro rata among Energy Spectrum and the holders of other securities requested to be included on the basis of the then number of Registrable Shares and other securities requested to be included by each holder of such securities.