Common use of Cutbacks Clause in Contracts

Cutbacks. If the managing underwriters advise the Company and the selling Stockholders that, in their opinion, the number of Shares requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Shares being offered, such offering will include only the number of Shares that the underwriters advise can be sold in such offering.

Appears in 9 contracts

Samples: Registration Rights Agreement (Steinway Musical Instruments Holdings, Inc.), Stockholders Agreement (Mister Car Wash, Inc.), Stockholders Agreement (Mister Car Wash, Inc.)

AutoNDA by SimpleDocs

Cutbacks. If the managing underwriters advise the Company and the selling Stockholders Holders that, in their opinion, the number of Shares shares of Common Stock requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution (including the price) of the Shares shares of Common Stock being offered, such offering will include only the number of Shares shares of Common Stock that the underwriters advise can be sold in such offering.

Appears in 3 contracts

Samples: Registration Rights Agreement (Albertsons Companies, Inc.), Agreement and Plan of Merger (Albertsons Companies, LLC), Agreement and Plan of Merger (Rite Aid Corp)

Cutbacks. If the managing underwriters advise the Company and the selling Stockholders in writing that, in their opinion, the number of Shares requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Shares being offered, such offering will include only then the number of Shares that the underwriters advise can to be sold included in such offeringunderwritten offering shall be reduced in the following order of priority.

Appears in 3 contracts

Samples: Investor Rights Agreement (MKS Instruments Inc), Investor Rights Agreement (Atotech LTD), Investor Rights Agreement (MKS Instruments Inc)

Cutbacks. If the managing underwriters advise the Company and the selling Stockholders that, in their opinion, the number of Shares shares requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Shares shares being offered, such offering will include only the number of Shares shares that the underwriters advise can be sold in such offering.

Appears in 2 contracts

Samples: Registration Rights Agreement (Nielsen Holdings N.V.), Registration Rights Agreement (Nielsen Holdings B.V.)

Cutbacks. If the managing underwriters advise the Company Parent and the selling Stockholders that, in their opinion, the number of Shares requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Shares being offered, such offering will include only the number of Shares that the underwriters advise can be sold in such offeringoffering without adversely affecting the distribution of the Shares being offered.

Appears in 2 contracts

Samples: Stockholders Agreement (Life Time Group Holdings, Inc.), Stockholders Agreement (Life Time Group Holdings, Inc.)

Cutbacks. If the managing underwriters advise the Company and the selling Stockholders Shareholders that, in their opinion, the number of Shares requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Shares being offered, such offering will include only the number of Shares that the underwriters advise can be sold in such offering.

Appears in 2 contracts

Samples: Principal Shareholders Agreement (Ortho Clinical Diagnostics Holdings PLC), Principal Shareholders Agreement (Ortho Clinical Diagnostics Holdings PLC)

Cutbacks. If the managing underwriters advise the Company and the selling Sponsor Stockholders that, in their opinion, the number of Shares requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Shares being offered, such offering will include only the number of Shares that the underwriters advise can be sold in such offeringoffering without adversely affecting the distribution of the Shares being offered.

Appears in 1 contract

Samples: Stockholders Agreement (Primo Water Corp /CN/)

AutoNDA by SimpleDocs

Cutbacks. If the managing underwriters advise the Company and the selling Stockholders that, in their good faith opinion, the number of Registrable Shares requested to be included in an underwritten offering (including any underwritten shelf takedown) exceeds the amount that can be sold in such offering without adversely affecting the distribution offering price of the Shares shares being offered, such offering will include only the number of Registrable Shares that the managing underwriters advise can be sold in such offering.

Appears in 1 contract

Samples: Registration Rights Agreement (Beasley Broadcast Group Inc)

Cutbacks. If the managing underwriters advise the Company and the selling Carlyle Stockholders that, in their opinion, the number of Shares requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Shares being offered, such offering will include only the number of Shares that the underwriters advise can be sold in such offering.

Appears in 1 contract

Samples: Principal Stockholders Agreement (Ortho Clinical Diagnostics Holdings PLC)

Cutbacks. If the managing underwriters advise the Company and the selling Stockholders that, in their opinion, the number of Registrable Shares requested to be included in an underwritten offering (including any underwritten shelf takedown) exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Registrable Shares being offered, such offering will include only the number of Registrable Shares that the underwriters advise can be sold in such offering.

Appears in 1 contract

Samples: Registration Rights Agreement (Seaspan CORP)

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