Common use of Cutbacks Clause in Contracts

Cutbacks. Notwithstanding the foregoing provisions of this Section 8, if the Company is advised in good faith by any managing underwriter of securities being offered pursuant to any Public Offering under this Section 8 that the number of shares requested to be sold in such Public Offering is greater than the number of such shares which can be included in such Public Offering without materially adversely affecting such Public Offering, the shares to be included in such offering shall be reduced to the extent requested by such managing underwriter as provided in this Section 8.3.1:

Appears in 2 contracts

Samples: Stockholders Agreement (Icon Health & Fitness Inc), Stockholders Agreement (510152 N B LTD)

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Cutbacks. Notwithstanding the foregoing provisions of this Section 811, if the Company is advised in good faith by any managing underwriter of securities being offered pursuant to any Public Offering under this Section 8 11 that the number of shares securities requested to be sold in such Public Offering is greater than the number of such shares securities which can be included in such Public Offering without materially adversely affecting such Public Offering, the shares securities to be included in such offering shall be reduced to the extent requested by such managing underwriter as provided in this Section 8.3.1follows:

Appears in 2 contracts

Samples: Ibasis Inc, Ibasis Inc

Cutbacks. Notwithstanding the foregoing provisions of this Section 87, if the Company is advised in good faith by any managing underwriter of securities being offered pursuant to any Public Offering under this Section 8 7 that the number of shares requested to be sold in such Public Offering is greater than the number of such shares which can be included in such Public Offering without materially adversely affecting such Public Offering, the shares to be included in such offering shall be reduced to the extent requested by such managing underwriter as provided in this Section 8.3.17.3.1:

Appears in 1 contract

Samples: Stockholders Agreement (Freedom Securiteis Corp /De/)

Cutbacks. Notwithstanding the foregoing provisions of this Section 83, if the Company is advised in good faith by any managing underwriter of securities being offered pursuant to any Public Offering under this Section 8 3 that the number of shares requested to be sold in such Public Offering is greater than the number of such shares which can be included in such Public Offering without materially adversely affecting such Public Offering, the shares to be included in such offering shall be reduced to the extent requested by such managing underwriter as provided in this Section 8.3.13.3.1:

Appears in 1 contract

Samples: Registration Rights Agreement (iFit Health & Fitness Inc)

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Cutbacks. Notwithstanding the foregoing provisions of this -------- Section 8, if the Company is advised in good faith by any managing underwriter of securities being offered pursuant to any Public Offering under this Section 8 that the number of shares requested to be sold in such Public Offering is greater than the number of such shares which can be included in such Public Offering without materially adversely affecting such Public Offering, the shares to be included in such offering shall be reduced to the extent requested by such managing underwriter as provided in this Section 8.3.10.0.0.:

Appears in 1 contract

Samples: Stockholders Agreement (Panther Transport Inc)

Cutbacks. Notwithstanding the foregoing provisions of this Section 8, if the Company is advised in good faith by any managing underwriter of securities being offered pursuant to any Public Offering under this Section 8 that the number of shares requested to be sold in such Public Offering is greater than the number of such shares which can be included in such Public Offering without materially adversely affecting such Public Offering, the shares to be included in such offering shall be reduced to the extent requested by such managing underwriter as provided in this Section 8.3.1:: 8.3.1.1

Appears in 1 contract

Samples: Stockholders Agreement (Jumpking Inc)

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