Common use of Cutbacks Pursuant to Rule 415 or Underwriters Advice Clause in Contracts

Cutbacks Pursuant to Rule 415 or Underwriters Advice. In the event a cutback is requested by the SEC pursuant to Rule 415 of the Securities Act in a written comment to the Company, or as otherwise requested by the SEC in a written comment to the Company, or upon the advice of the Underwriter, if any, the number of Registrable Securities to be included in the Registration Statement shall be subject to a reduction as set forth on Exhibit G hereto.

Appears in 2 contracts

Samples: Share Exchange Agreement (Armada Oil, Inc.), Share Exchange Agreement (NDB Energy, Inc.)

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Cutbacks Pursuant to Rule 415 or Underwriters Advice. In the event a cutback is requested by the SEC Commission in a written comment to the Company pursuant to Rule 415 of the Securities Act in a written comment to the Company, or as otherwise requested by the SEC in a written comment to the CompanyAct, or upon the advice of the Underwriter, if any, the number of shares of Registrable Securities to be included in the Registration Statement a registration statement shall be subject to a reduction as set forth follows: (a) first, pro rata among all of the persons named in the registration statement as selling security holders; and (b) second, to any securities being registered on Exhibit G heretobehalf of the Company.

Appears in 1 contract

Samples: Registration Rights Agreement (Hepalife Technologies Inc)

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Cutbacks Pursuant to Rule 415 or Underwriters Advice. In the event a cutback is requested by the SEC pursuant to Rule 415 of the Securities Act in a written comment to the Company, or as otherwise requested by the SEC in a written comment to the Company, or upon the advice of the an Underwriter, if any, the number of Registrable Securities to be included in the Piggyback Registration Statement shall be subject to a reduction as set forth on Exhibit G heretorequired to register the greatest number of Registrable Securities, and all cutbacks shall be, to the greatest extent possible, made pro-rata.

Appears in 1 contract

Samples: Securities Purchase Agreement (Armada Oil, Inc.)

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