Cutback. Notwithstanding any other provision of this Agreement, if the managing underwriter(s) determine(s) in good faith that marketing factors require a limitation on the number of shares to be included, then the managing underwriter(s) may exclude shares of Common Stock (including Registrable Shares and Conversion Shares) from the IPO Registration Statement and Underwritten Offering, and any shares of Common Stock included in such IPO Registration Statement and Underwritten Offering shall be allocated as follows: first, to the Company, second, to the Holders requesting inclusion of their Registrable Shares in such IPO Registration Statement (on a pro rata basis based on the total number of Registrable Shares then held by such Holders who are requesting inclusion), and third, to the Class A OP Unitholders requesting inclusion of their registrable shares in such IPO Registration Statement pursuant to the Continuing Investor Registration Rights Agreement and in accordance with the allocation provisions contained therein.
Appears in 4 contracts
Samples: Registration Rights Agreement (NetSTREIT Corp.), Registration Rights Agreement (NetSTREIT Corp.), Registration Rights Agreement (NetSTREIT Corp.)
