Priority in Piggyback Registrations. If (i) a Piggyback Registration pursuant to this Section 1 involves an underwritten offering of the securities so being registered, whether or not for sale for the account of the Company, to be distributed (on a firm commitment basis) by or through one or more underwriters of recognized standing under underwriting terms appropriate for such a transaction and (ii) the managing underwriter of such underwritten offering informs the Company and the Holders of the Registrable Securities requesting such registration by letter of opinion that the number of securities requested to be included in such registration exceeds the number which can be supported by market factors, the Company will include in such registration securities in the following order of priority:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ecology Coatings, Inc.), Agreement and Plan of Merger (Ocis Corp), Registration Rights Agreement (New Century Companies Inc)
Priority in Piggyback Registrations. If (i) a Piggyback Registration pursuant to this Section 1 involves an underwritten offering of the securities so being registered, whether or not for sale for the account of the Company, to be distributed (on a firm commitment basis) by or through one or more underwriters of recognized standing under underwriting terms appropriate for such a transaction and (ii) the managing underwriter of such underwritten offering informs underwriters advise the Company and the Holders of the Registrable Securities requesting such registration by letter of in writing that in their opinion that the number of securities requested to be included in such a registration exceeds the number which can be supported by market factorssold in such offering, the Company will shall include in such registration (i) first, the securities of the Company proposed to be registered as described in the following order Piggyback Registration Notice and (ii) second, the Registrable Shares and other securities requested to be included in such registration, pro rata among the holders of priority: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 such holder.
Appears in 2 contracts
Samples: Registration Rights Agreement (Bayard Drilling Technologies Inc), Registration Rights Agreement (Bayard Drilling Technologies Inc)
Priority in Piggyback Registrations. If (i) a Piggyback Registration pursuant to this Section 1 involves an underwritten offering of the securities so being registered, whether or not for sale for the account of the Company, to be distributed (on a firm commitment basis) by or through one or more underwriters of recognized standing under underwriting terms appropriate for such a transaction and (ii) the managing underwriter of such underwritten offering informs the Company and the Holders Holder of the Registrable Securities requesting such registration by letter of opinion that the number of securities requested to be included in such registration exceeds the number which can be supported by market factors, the Company will include in such registration securities in the following order of priority:
Appears in 1 contract
Samples: Registration Rights Agreement (Ecology Coatings, Inc.)
