Cutbacks. If the managing underwriter advises the Company that the inclusion of all such Registrable Securities proposed to be included in any registration would interfere with the successful marketing (including pricing) of the Common Stock of the Company to be offered thereby, then the number of shares of Common Stock proposed to be included in such registration shall be allocated among the Company and the selling Stockholders in the following order of priority:
Appears in 4 contracts
Samples: Letter Agreement and Joinder (Lifetime Brands, Inc), Stockholders Agreement (Lifetime Brands, Inc), Stockholders Agreement (Lifetime Brands, Inc)
Cutbacks. If the managing underwriter advises the Company that the inclusion of all such Registrable Securities Restricted Shares proposed to be included in any registration would interfere with the successful marketing (including pricing) of the Common Stock Equity Securities of the Company to be offered thereby, then the number of shares of Common Stock Restricted Shares proposed to be included in such registration shall be allocated among the Company and the selling Stockholders in the following order of priority:
Appears in 3 contracts
Samples: Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp)
Cutbacks. If the managing underwriter advises Apollo, in the Company case of Demand Registration, or the Company, in the case of an offering by the Company, that the inclusion of all such Registrable Securities proposed to be included in any registration would interfere with the successful marketing (including pricing) of the Common Stock of the Company to be offered thereby, then the number of shares of Common Stock proposed to be included in such registration shall be allocated among the Company and the selling Stockholders in the following order of priority:
Appears in 2 contracts
Samples: Stockholders Agreement (Sprouts Farmers Markets, LLC), Joinder Agreement (Sprouts Farmers Markets, LLC)
