Common use of Underwriter’s Cutback Clause in Contracts

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 and subject to the terms of this Section 2.4.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all Registrable

Underwriter’s Cutback. In connection with any registration of --------------------- shares, the underwriter may determine that marketing factors (including including, without limitation limitation, an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 6 and subject to the terms of this Section 2.4.16.4.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all Registrableall

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 6 and subject to the terms of this Section 2.4.16.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Securities from such registration (it being understood that, if the registration in

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 and subject to the terms of this Section 2.4.12.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Securities from

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 6 and subject to the terms of this Section 2.4.16.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Securities from such registration (it being understood that the number of shares

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 and subject to the terms of this Section 2.4.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all Registrable.

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 3 and subject to the terms of this Section 2.4.13.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all Registrableotherwise

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 7 and subject to the terms of this Section 2.4.17.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Securities from such registration (it being understood that the number of shares which the Company seeks to have registered in such

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including including, without limitation limitation, an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 and subject to the terms of this Section 2.4.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all Registrableshares

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including including, without limitation limitation, an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 7 and subject to the terms of this Section 2.4.17.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Securities from such registration (it being understood that the number of shares which the Company seeks to have registered in such registration shall not be subject to exclusion, in

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 7 and subject to the terms of this Section 2.4.17.4.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Franchisee Securities from such registration (it being understood that the number of

Underwriter’s Cutback. In connection with Notwithstanding any registration other provision of shares--------------------- Sections 1.2 and 1.3, if the underwriter may determine shall advise the Company in writing that marketing factors (including including, without limitation limitation, an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 , then the Company shall so advise the Holders, and subject to the terms of this Section 2.4.1, the underwriter may limit the number of shares which would otherwise of Registrable Securities that may be included in such the registration by excluding any or all Registrableand underwriting shall be allocated as follows:

Underwriter’s Cutback. 3.3.1.1. In connection with any registration of shares, the underwriter may determine that marketing factors (including without limitation an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 3 and subject to the terms of this Section 2.4.13.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Securities from such registration (it being understood that, if the registration in question involves a registration for sale of

Underwriter’s Cutback. In connection with any registration of shares, the underwriter may determine that marketing factors (including including, without limitation limitation, an adverse effect on the per share offering price) require a limitation of the number of shares to be underwritten. Notwithstanding any contrary provision of this Section 2 Article 9 and subject to the terms of this Section 2.4.19.3.1, the underwriter may limit the number of shares which would otherwise be included in such registration by excluding any or all RegistrableRegistrable Securities from such registration (it being understood that the number of shares which the Company seeks to have registered in such registration shall not be