Common use of Priority on Primary Registrations Clause in Contracts

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders pro rata on the basis of the Common Stock and Registrable Common Stock offered for such registration by the Company and each Holder, respectively, electing to participate in such registration.

Appears in 22 contracts

Samples: Registration Rights Agreement (American Capital, LTD), Form of Registration Rights Agreement (American Capital Mortgage Investment Corp.), Registration Rights Agreement (AG Mortgage Investment Trust, Inc.)

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Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders pro rata on the basis of the Common Stock Shares and Registrable Common Stock Shares offered for such registration by the Company and each Holder, respectively, electing to participate in such registration.

Appears in 3 contracts

Samples: Registration Rights Agreement (Starwood Waypoint Residential Trust), Registration Rights Agreement (Starwood Waypoint Residential Trust), Registration Rights Agreement (Starwood Waypoint Residential Trust)

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders pro rata on the basis of the Common Stock Shares and Registrable Common Stock Shares offered for such registration by the Company and each Holder, respectively, electing to participate in such registration.

Appears in 3 contracts

Samples: Registration Rights Agreement (Lexington Realty Trust), Registration Rights Agreement (Lexington Realty Trust), Registration Rights Agreement (Lexington Realty Trust)

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s 's equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders pro rata on the basis of the Common Stock and Registrable Common Stock offered for such registration by the Company and each Holder, respectively, electing to participate in such registration.

Appears in 2 contracts

Samples: Registration Rights Agreement (American Capital Mortgage Investment Corp.), Registration Rights Agreement (Arbor Realty Trust Inc)

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that which can be sold in such offering and/or that the number of shares of Registrable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting Company shall be allocated among include in such registration (i) first, the securities the Company proposes to sell, and all (ii) second, the Registrable Common Stock requested to be included therein by the Holders and other securities requested to be included in such registration pro rata among all the holders of such securities on the basis of the Common Stock and Registrable Common Stock offered for number of shares requested to be registered by such registration by the Company and each Holder, respectively, electing to participate in holders or as such registrationholders may otherwise agree.

Appears in 2 contracts

Samples: Registration Rights Agreement (Euniverse Inc), Registration Rights Agreement (Marver James D)

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the Company’s 's equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders pro rata on the basis of the Common Stock Shares and Registrable Common Stock Shares offered for such registration by the Company and each Holder, respectively, electing to participate in such registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Vornado Realty Trust)

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Registerable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders the Shareholder pro rata on the basis of the Common Stock and Registrable Registerable Common Stock offered for such registration by the Company and each Holderthe Shareholder, respectively, electing to participate in such registration.

Appears in 1 contract

Samples: Registration Rights Agreement (Newkirk Realty Trust, Inc.)

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Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Registerable Common Stock proposed to be included in any such registration would adversely affect the price per share of the Company’s 's equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders the Shareholder pro rata on the basis of the Common Stock and Registrable Registerable Common Stock offered for such registration by the Company and each Holderthe Shareholder, respectively, electing to participate in such registration.

Appears in 1 contract

Samples: Registration Rights Agreement (First Union Real Estate Equity & Mortgage Investments)

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the CompanyTrust, and the managing underwriters advise the Company Trust in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Shares proposed to be included in any such registration would adversely affect the price per share of the CompanyTrust’s equity securities to be sold in such offering, the underwriting shall be allocated among the Company Trust and all Holders pro rata on the basis of the Common Stock Shares and Registrable Common Stock Shares offered for such registration by the Company Trust and each Holder, respectively, electing to participate in such registration.

Appears in 1 contract

Samples: Registration Rights Agreement (United Development Funding IV)

Priority on Primary Registrations. If a Piggyback Registration is an underwritten primary registration on behalf of the Company, and the managing underwriters advise the Company in writing that in their opinion the number of securities requested to be included in such registration exceeds the number that can be sold in such offering and/or that the number of shares of Registrable Common Stock Securities proposed to be included in any such registration would adversely affect the price per share of the Company’s equity securities to be sold in such offering, the underwriting shall be allocated among the Company and all Holders pro rata on the basis of the Common Stock securities and Registrable Common Stock Securities offered for such registration by the Company and each Holder, respectively, electing to participate in such registration.

Appears in 1 contract

Samples: Form of Registration Rights Agreement (Stalwart Tankers Inc.)

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