Common use of Priority in Requested Registration Clause in Contracts

Priority in Requested Registration. If the managing underwriter of a registration pursuant to this Section 2 shall advise the Company in writing that, in its view, the number or proposed mix of securities requested to be included in such registration (including securities which the Company requests to be included ) exceeds the largest number of securities which can be sold without having a material adverse effect on such offering (the "Maximum Offering Size"), including the price at which such securities can be sold, the Company will include in such registration: (i) first, the Registrable Securities requested to be included in such registration by the Charter Investors or by the Softbank Investors, as applicable, pursuant to Section 2(a), and the Registrable Securities requested to be included in such registration by the Charter Investors (in the case of a Softbank Registration Request) or the Softbank Investors (in the case of a Charter Registration Request) pursuant to Section 2(b), allocated (if necessary) pro rata among the Charter Investors and the Softbank Investors on the basis of the relative number of Registrable Securities each of the Charter Investors and the Softbank Investors, as applicable, has requested to be included in such registration; (ii) second, securities of the Company to be sold for the account of the Company; and (iii) third, securities of the Company to be sold for the account of other persons, with such priorities among them as the Company shall determine.

Priority in Requested Registration. If the managing underwriter of a registration an underwritten offering pursuant to this Section 2 2(a) shall advise the Company (in writing which case, the Company shall use reasonable efforts to advise the Selling Holders) that, in its viewjudgment, the number or proposed mix and type of securities requested proposed to be included in such registration (including securities which would exceed the Company requests to be included ) exceeds the largest number and type of securities which can could be sold without having a material adverse effect on in such offering (the "Maximum Offering Size"), including the within a price at which such securities can be sold, range acceptable to the Company will and the Selling Holders owning at least a majority of the shares of Registrable Common Stock covered by such registration, then the Company shall include in such registration: (i) first, the Registrable Securities requested to be included in such registration by the Charter Investors or by the Softbank Investors, as applicable, pursuant to Section 2(a), to the extent of the number and type of securities which the Company is so advised can be sold in such offering, (i) first, Registrable Securities Common Stock requested to be included in such registration registered by the Charter Investors (in the case of a Softbank Registration Request) or the Softbank Investors (in the case of a Charter Registration Request) Selling Holders pursuant to Section 2(b)2(a) hereof, allocated (if necessary) pro rata among the Charter Investors and the Softbank Investors Selling Holders on the basis of the relative number of shares of Registrable Securities each of the Charter Investors and the Softbank Investors, as applicable, has Common Stock requested to be included in registered by all such registration; Selling Holders, (ii) second, securities Permitted Securities requested to be registered by the holders of Permitted Securities, pro rata among the holders of Permitted Securities on the basis of the Company number of Permitted Securities requested to be sold for the account registered by all such holders of the Company; and Permitted Securities and (iii) third, securities of that the Company proposes to be sold issue and sell for the account of other persons, with such priorities among them as the Company shall determineits own account.

Priority in Requested Registration. If the managing underwriter of a registration pursuant to this Section 2 shall advise the Company in writing that, in its view, the number or proposed mix of securities requested to be included in such registration (including securities which the Company requests to be included ) exceeds the largest number of securities which can be sold without having a material adverse effect on such offering (the "Maximum Offering Size"), including the price at which such securities can be sold, the Company will include in such registration: (i) first, the Registrable Securities requested to be included in such registration by the Charter Investors or by the Softbank Mobius Investors, as applicable, pursuant to Section 2(a), and the Registrable Securities requested to be included in such registration by the Charter Investors (in the case of a Softbank Mobius Registration Request) or the Softbank Mobius Investors (in the case of a Charter Registration Request) pursuant to Section 2(b), allocated (if necessary) pro rata among the Charter Investors and the Softbank Mobius Investors on the basis of the relative number of Registrable Securities each of the Charter Investors and the Softbank Mobius Investors, as applicable, has requested to be included in such registration; (ii) second, securities of the Company to be sold for the account of the Company; and (iii) third, securities of the Company to be sold for the account of other persons, with such priorities among them as the Company shall determine.