Cutback definition

Cutback shall have the meaning as set forth in Section D, paragraph 18.
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Cutback has the meaning set forth in Section 2.5(b).
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Cutback shall have the meaning set forth in Section 2(a)(iii).
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Examples of Cutback in a sentence

  • The managing underwriter may deliver one or more Cutback Notices at any time prior to the execution of the underwriting agreement for the public offering.

  • Each Cutback Registration Statement prepared pursuant hereto shall register for resale at least that number of shares of Common Stock equal to the Cutback Required Registration Amount as of the date such Cutback Registration Statement is initially filed with the SEC.

  • To the extent the staff of the SEC does not permit all of the Cutback Registrable Securities to be registered on a Cutback Registration Statement, the Company shall file Cutback Registration Statements successively trying to register on each such Cutback Registration Statement the maximum number of remaining Cutback Registrable Securities until all of the Cutback Registrable Securities have been registered with the SEC.

  • For purposes of clarity, the intent of the preceding sentence is to provide for an automatic implementation of the 280G Cutback if that is beneficial to the Grantee (on an after-tax basis), and otherwise not to implement the 280G Cutback.

  • Amounts in column (f), Best Net Cutback Amount, assume termination occurs immediately upon a change of control based on the Exelis December 31, 2013 closing stock price of $19.06.

  • If the Cutback applies but for any reason the Company pays the Excise Tax, including any applicable interest and penalties, then the Company shall offset any amounts due from you, under this provision or otherwise, by an amount equal to the Cutback, plus interest on the Cutback amount at a reasonable market rate.

  • Any Cutback will be made pro rata based on the respective number of Subscribed Shares that all persons participating in the offering of Securities contemplated by this Agreement request to purchase.

  • The Company will use its commercially reasonable efforts to maintain the continuous effectiveness of the Registration Statement until the earliest of (i) the date on which such Shares have actually been sold and (ii) the date which is three years after the later of (A) the Effectiveness Date and (B) if there is a Rule 415 Cutback, the Additional Effectiveness Date.

  • Notwithstanding anything to the contrary herein, the no Liquidated Damages will be due in connection with Registrable Securities subject to a Registration Cutback and the Company shall not have to pay Liquidated Damages as the result of such cutback.

  • If the Cutback applies but for any reason you pay the Excise Tax, including any applicable interest and penalties, then the Company shall pay you an amount equal to the Cutback, plus interest on the Cutback amount at a reasonable market rate, plus any interest and penalties relating to the Excise Tax paid by you (plus a tax gross-up only on the Excise Tax interest and penalties).


More Definitions of Cutback

Cutback means (i) any reduction in the number of Shares included in any Registered Offering where the underwriters advise that the number of shares requested to be included in the applicable Registered Offering exceeds the number that can be sold without significantly adversely impacting the offering price; and (ii) any unsold Shares remaining after completion of a Registered Offering (if applicable).
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Cutback shall have the meaning assigned to such term in SECTION 3(C)(II).
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Cutback shall have the meaning set forth in Section 5.4(b).
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Cutback. If the lead managing underwriter of an offering covered by Section 3.1 shall advise the Company in writing on or before the date five days prior to the date then scheduled for such offering that, in its opinion, the amount of Common Stock (including Common Stock Registrable Securities) requested to be included in such registration exceeds the amount which can be sold in such offering without adversely affecting the distribution of the Common Stock being offered, then the Company will include in such registration:
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Cutback has the meaning set forth in Section 3.6(d).
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Related to Cutback

  • Cutback Shares means any of the Registrable Securities not included in any of the Registration Statements previously declared effective hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415.

  • Piggyback means the document attached to this solicitation and entitled South Carolina Standard Amendment To End User License Agreements For Commercial Off- The-Shelf Software – Single Agency, which serves as South Carolina's standard amendment to a licensor's standard software licensing agreement (regardless of how denominated, e.g., master software licensing agreement, end user license agreement) for COTS. [Note: While the piggyback is generally indicative of what the District finds acceptable, terms in a Licensor’s standard software licensing agreement may need to be negotiated.]

  • Demand Registration shall have the meaning given in subsection 2.1.1.

  • Initiating Holders means, collectively, Holders who properly initiate a registration request under this Agreement.

  • Demand Registration Statement has the meaning set forth in Section 2.01(a).

  • Piggy-Back Registration is defined in Section 2.2.1.

  • Piggyback Registration Statement has the meaning set forth in Section 3(a).

  • Initiating Holder has the meaning set forth in Section 2.01(a).

  • Demand Registrations has the meaning set forth in Section 2(a).

  • Piggyback Registration shall have the meaning given in subsection 2.2.1.

  • Requesting Holders shall have the meaning given in Section 2.1.5.

  • Piggy-Back Registration.

  • Underwriters’ Maximum Number means, for any Piggyback Registration, Demand Registration or other registration which is an underwritten registration, that number of securities to which such registration should, in the opinion of the managing underwriters of such registration in the light of marketing factors, be limited.

  • Piggyback Registrations has the meaning set forth in Section 3(a).

  • Requesting Holder shall have the meaning given in subsection 2.1.1.

  • Demanding Holder shall have the meaning given in subsection 2.1.1.

  • Takedown Requesting Holder shall have the meaning given in subsection 2.3.3.

  • Shelf Takedown means an Underwritten Shelf Takedown or any proposed transfer or sale using a Registration Statement, including a Piggyback Registration.

  • Qualifying Holder shall have the meaning ascribed thereto in Section 12 hereof.

  • Investor Registrable Securities means (i) any Common Equity held (directly or indirectly) by an Investor or any of its Affiliates, and (ii) any equity securities of the Company or any Subsidiary issued or issuable with respect to the securities referred to in clause (i) above by way of dividend, distribution, split or combination of securities, or any recapitalization, merger, consolidation or other reorganization.

  • Short-Form Registrations has the meaning set forth in Section 2(a).

  • Short-Form Registration has the meaning set forth in Section 2.01(a).

  • Underwritten Takedown means an underwritten public offering of Registrable Securities pursuant to the Resale Shelf Registration Statement, as amended or supplemented.

  • IPO Registration Statement means the Registration Statement on Form S-1 (File No. 333-196099), as amended, filed by the Partnership with the Commission under the Securities Act to register the offering and sale of the Common Units in the Partnership’s initial public offering of such Common Units to the public.

  • Required Registration Amount means either the Initial Required Registration Amount or the Additional Required Registration Amount, as applicable.