Common use of Cutback Clause in Contracts

Cutback. Notwithstanding any other provision of this Agreement, if the managing underwriter in any Underwritten Offering determines in good faith that marketing factors require a limitation on the number of shares to be included in the Underwritten Offering, the Company shall be required to include in such offering:

Cutback. Notwithstanding any other provision of this Agreement, in connection with a Company Initiated Marketed Offering, if the managing underwriter in any Underwritten Offering determines determine(s) in good faith that marketing factors require a limitation on of the number of shares to be underwritten, then the managing underwriter(s) may exclude shares (including Registrable Securities) from the registration and the underwriting, and the number of shares that may be included in the Underwritten Offering, registration and the underwriting (the “Company Initiated Allowable Amount”) shall be required to include in such offering:allocated