Examples of Cutback Shares in a sentence
Notwithstanding anything herein to the contrary, the Company has no obligation hereunder to include Cutback Shares, if any, on any Registration Statement.
No liquidated damages under Section 5 shall accrue on or as to any Cut Back Shares, and the Required Effectiveness Date with respect to such additional Registration Statement including the Cutback Shares will be tolled, until such time as the Company is able to effect the registration of the Cut Back Shares in accordance with any SEC Restrictions (such date, the “Restriction Termination Date”).
The Company represents and warrants that it is the Company’s understanding that the SEC will not cause there to be Cutback Shares with respect to up to one-third of the Company’s public float, calculated under SEC rules.
To the extent the staff of the SEC does not permit the Additional Required Registration Amount to be registered on the Additional Registration Statement, which are Cutback Shares hereunder, the Company shall file Additional Registration Statements successively trying to register on each such Additional Registration Statement the maximum number of remaining Additional Registrable Securities until the Additional Required Registration Amount has been registered with the SEC.
Upon exercise of the Option (or a portion thereof), the Cutback Shares, if any, determined pursuant to this Section 3 shall be deemed forfeited without payment of any additional consideration by the Company therefor.