Priority of Registration Rights. If the managing underwriter or underwriters of any proposed Underwritten Offering pursuant to a Demand Registration informs the Holders of Registrable Securities sought to be included in such Underwritten Offering in writing that, it or they have determined in good faith that, the total amount or kind of securities which such Holders and any other Persons intend to include in such offering exceeds the number which can be sold in such offering without being likely to have a significant adverse effect on the market for the class of securities offered, then the securities to be included in such registration shall be allocated as follows:
Priority of Registration Rights. (a) Notwithstanding any other provision of Section 4.1 or Section 4.2, if the Company or the managing underwriter, as the case may be, determines that marketing factors require a limitation on the number of shares of Common Stock to be sold, then the Company will be required to include in such registration only that number of shares of Common Stock which it believes or is so advised should be included in such offering. The Common Stock proposed by the Company to be sold shall have the first priority and all other shares of Common Stock, including the Shares and any other shares of Common Stock in which registration rights have been requested (the "Selling Shareholders' Shares"), shall be given a second priority without preference among the relevant holders. If less than all of the Selling Shareholders' Shares are to be registered, such shares shall be included in the registration pro rata based on the total number of shares sought to be registered other than for issuance by the Company.
Priority of Registration Rights. Notwithstanding anything herein to the contrary, in the event of any conflict between the provisions of this Agreement and the provisions of any of the Prior Registration Rights Agreements, the provisions of the Prior Registration Rights Agreements shall govern.
Priority of Registration Rights. The Company shall not, without the prior written consent of the Investor, grant to any person registration or prospectus qualification rights or agree to register or qualify a prospectus or registration statement of any kind or nature with respect to any securities of the Company if such rights would have priority over or otherwise prejudice the registration rights granted to the Investor pursuant to this Agreement.
Priority of Registration Rights. (a) If in the process of effecting a General Piggyback Registration the managing underwriters or agents advise TRC in writing that in their opinion the number of securities requested to be included in such distribution exceeds the number which can be sold in an orderly manner in such offering within a price range acceptable to holders of the Registrable Securities TRC will include in such distribution the Registrable Securities requested by all Stockholders to be included in such distribution on a pro rata basis (based upon each Stockholder’s relative holdings of Registrable Securities to each other).
Priority of Registration Rights. If the Underwriters inform the Company (an “Incidental Cutback Notice”) that, in their opinion, the total amount of Stockholder Shares to be included in the Offering exceeds the number which can be sold in the Offering without being likely to have a significant adverse effect on the price, timing or distribution of the Company Common Stock (the foregoing, an “Underwriter Cutback Condition”), then the Company shall include in such registration only the number of Stockholder Shares which, in the good faith opinion of the Underwriters can be included without having such an adverse effect, selected in the following order:
Priority of Registration Rights. Notwithstanding any provision herein to the contrary, the parties hereto agree that any registration rights granted to any holder of Common Stock, other than a Holder, shall be at all times subject and subordinate to the rights of the Holders granted herein.
Priority of Registration Rights. The Company shall not grant to any Person while this Registration Rights Agreement remains in effect the right to request the Company to register any securities of the Company under the Securities Act which right has priority over or is inconsistent with the rights granted to the Holders hereby.
Priority of Registration Rights. The Company hereby agrees that it will not enter into any agreement ---------------------------------------- which would adversely affect the priority of the Holders' rights to include their Registrable Securities on a pro rata basis in a Registration Statement in the event of reduction of the number of its Registrable Securities includable in such Registration Statement pursuant to Section 2(j) hereof, and the Company represents that as of the date hereof it is not a party to any such agreement.
Priority of Registration Rights. AOL acknowledges that the Corporation has outstanding warrants and options as of the date hereof which have registration rights associated therewith. Where such warrants and options require the holders thereof to be entitled to registration rights which rank pari passu with the Registrable Shares, the priority set forth in Section 2(c) hereof shall be revised so as to permit such warrant and option holders to participate on an equal basis with the holders of the Registrable Shares in connection with any registration rights hereunder.
