Common use of Cutbacks in Company Offering Clause in Contracts

Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the number of Other Securities and Registrable Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant adverse effect upon the price, timing or distribution of the offering and sale of the Other Securities and Registrable Securities then contemplated, the Company shall include in such registration:

Appears in 14 contracts

Samples: Registration Rights Agreement (Latham Group, Inc.), Registration Rights Agreement (Latham Group, Inc.), Registration Rights Agreement (Latham Group, Inc.)

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Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a5.3(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the number of Other Securities and Registrable Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant adverse effect upon the price, timing or distribution of the offering and sale of the Other Securities and Registrable Securities then contemplated, the Company shall include in such registration:

Appears in 4 contracts

Samples: Recapitalization Agreement (Diamond Triumph Auto Glass Inc), Stockholders Agreement (Hollywood Entertainment Corp), Stockholders Agreement (Diamond Triumph Auto Glass Inc)

Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a5.2(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the number of Other Securities and Registrable Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant adverse effect upon the price, timing or distribution of the offering and sale of the Other Securities and Registrable Securities then contemplated, the Company shall include in such registration:

Appears in 3 contracts

Samples: Stockholders’ Agreement (Emdeon Inc.), Stockholders’ Agreement (Emdeon Inc.), Stockholders’ Agreement (Emdeon Inc.)

Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the aggregate number of Other Registrable Securities and Registrable Other Securities requested to be included in such registration exceeds the largest number which that can be sold included in such offering registration without being likely to have a significant adverse effect upon materially adversely affecting the price, distribution (including timing or distribution pricing) of the offering Registrable Securities and sale of the Other Securities and Registrable Securities then contemplatedproposed to be included in such registration, the Company shall include in such registration:

Appears in 3 contracts

Samples: Registration Rights Agreement (Clear Secure, Inc.), Registration Rights Agreement (Clear Secure, Inc.), Registration Rights Agreement (Clear Secure, Inc.)

Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a8.3(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the number of Other Securities and Registrable Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant adverse effect upon the price, timing or distribution of the offering and sale of the Other Securities and Registrable Securities then contemplated, the Company shall include in such registration:

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Emdeon Corp), Limited Liability Company Agreement (HLTH Corp), Equity Holder Release (Emdeon Inc.)

Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a16.3(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the number of Other Registrable Securities and Registrable Other Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant an adverse effect upon the price, timing or distribution of the offering and sale of the Other Registrable Securities and Registrable Other Securities then contemplated, the Company shall include in such registration:

Appears in 1 contract

Samples: Limited Liability Company Agreement (Magnum Hunter Resources Corp)

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Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a8.3(a) is to be an underwritten registration on behalf of the Company, 49 and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the number of Other Securities and Registrable Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant adverse effect upon the price, timing or distribution of the offering and sale of the Other Securities and Registrable Securities then contemplated, the Company shall include in such registration:

Appears in 1 contract

Samples: Limited Liability Company Agreement (Emdeon Inc.)

Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a7.3(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling HolderPerson participating in such registration) that, in such firm’s 's good faith view, the number of Other Securities and Registrable Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant adverse effect upon the price, timing or distribution of the offering and sale of the Other Securities and Registrable Securities then contemplated, the Company shall include in such registration:

Appears in 1 contract

Samples: Stockholders Agreement (FTD Group, Inc.)

Cutbacks in Company Offering. If the registration referred to in the first sentence of Section 2.2(a4.2(a) is to be an underwritten registration on behalf of the Company, and the lead underwriter or managing underwriter advises the Company in writing (with a copy to each Selling Holder) that, in such firm’s good faith view, the number of Other Securities and Registrable Securities requested to be included in such registration exceeds the number which can be sold in such offering without being likely to have a significant adverse effect upon the price, timing or distribution of the offering and sale of the Other Securities and Registrable Securities then contemplated, the Company shall include in such registration:

Appears in 1 contract

Samples: Shareholders Agreement (Michael Kors Holdings LTD)

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