Common use of Cutback Clause in Contracts

Cutback. If the lead managing underwriter of an offering covered by Section 1(a) shall advise Buyer in writing on or before the date five (5) days prior to the date then scheduled for such offering that, in its opinion, the amount of Common Stock (including Subject Stock) requested to be included in such registration exceeds the amount which can be sold in such offering without adversely affecting the distribution of the Common Stock being offered, then Buyer will include in such registration:

Appears in 2 contracts

Samples: Registration Rights Agreement (Emcore Corp), Registration Rights Agreement (Emcore Corp)

AutoNDA by SimpleDocs

Cutback. If the lead managing underwriter of an offering covered by Section 1(a) of this Agreement shall advise Buyer the Company in writing on or before the date five (5) days prior to the date then scheduled for such offering that, in its opinion, the amount of Common Stock (including Subject StockGrantee Common Stock Registrable Shares) requested to be included in such registration exceeds the amount which can be sold in such offering without adversely affecting the distribution of the Common Stock being offered, then Buyer the Company will include in such registration:

Appears in 2 contracts

Samples: Registration Rights Agreement (Corecomm LTD /De/), Registration Rights Agreement (Corecomm LTD /De/)

Cutback. If the lead managing underwriter of an offering covered by Section 1(a) 3.1 shall advise Buyer the Company in writing on or before the date five (5) days prior to the date then scheduled for such offering that, in its opinion, the amount of Common Stock (including Subject StockCommon Stock Registrable Securities) requested to be included in such registration exceeds the amount which can be sold in such offering without adversely affecting the distribution of the Common Stock being offered, then Buyer the Company will include in such registration:

Appears in 1 contract

Samples: Registration Rights Agreement (Corecomm LTD /De/)

Cutback. If the lead managing underwriter of an offering covered by Section 1(a1(c)(1) shall advise Buyer the Company in writing on or before the date five (5) days prior to the date then scheduled for such offering that, in its opinion, the amount of Common Stock (including Subject Stock) requested to be included in such registration exceeds the amount which can be sold in such offering without adversely affecting the distribution of the Common Stock being offered, then Buyer the Company will include in such registration:

Appears in 1 contract

Samples: Registration Rights Agreement (Corecomm LTD /De/)

AutoNDA by SimpleDocs

Cutback. If the lead managing underwriter of an offering covered by Section 1(a2(a) hereof shall advise Buyer in writing the Company on or before the date five (5) days prior to the date then scheduled for such offering that, in its opinion, the amount of Common Stock (including Subject StockRegisterable Securities) requested to be included in such registration statement exceeds the amount which can be sold in such offering without adversely affecting the distribution success of the Common Stock being offeredsuch offering, then Buyer the Company will include in such registration:

Appears in 1 contract

Samples: Registration Rights Agreement (Corecomm LTD /De/)

Cutback. If the lead managing underwriter of an offering covered by Section 1(a1(c)(1) shall advise Buyer in writing the Company on or before the date five (5) days prior to the date then scheduled for such offering that, in its opinion, the amount of Common Stock (including Subject Stock) requested to be included in such registration statement exceeds the amount which can be sold in such offering without adversely affecting the distribution success of the Common Stock being offeredsuch offering, then Buyer the Company will include in such registration:

Appears in 1 contract

Samples: Registration Rights Agreement (Corecomm LTD /De/)

Time is Money Join Law Insider Premium to draft better contracts faster.