Cutbacks. If the Registrable Securities are proposed to be sold in an underwritten offering and the managing underwriters advise the Company and the Purchasers that, in their opinion, the number of Registrable Securities requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Registrable Securities being offered, such offering will include only the number of Registrable Securities that the managing underwriters advise can be sold in the offering.
Appears in 4 contracts
Samples: Series a Preferred Stock Purchase Agreement (Eastman Kodak Co), Registration Rights Agreement (Eastman Kodak Co), Registration Rights Agreement (Eastman Kodak Co)
Cutbacks. If the Registrable Securities are proposed to be sold in an underwritten offering and the managing underwriters advise the Company and the Purchasers Purchaser that, in their opinion, the number of Registrable Securities requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Registrable Securities being offered, such offering will include only the number of Registrable Securities that the managing underwriters advise can be sold in the offering.
Appears in 3 contracts
Samples: Registration Rights Agreement (Eastman Kodak Co), Registration Rights Agreement (Seattle Genetics Inc /Wa), Registration Rights Agreement (Immunomedics Inc)
Cutbacks. If the Registrable Securities are proposed to be sold in an underwritten offering and the managing underwriters advise the Company and the Purchasers selling Holders that, in their opinion, the number of Registrable Securities requested to be included in an underwritten offering exceeds the amount that can be sold in such offering without adversely affecting the distribution of the Registrable Securities being offered, the price that will be paid in such offering or the marketability thereof, such offering will include only the number of Registrable Securities that the managing underwriters advise can be sold in such offering in the offering.following order of priority:
Appears in 2 contracts
Samples: Registration Rights Agreement (Kodiak Gas Services, Inc.), Registration Rights Agreement (Kodiak Gas Services, Inc.)
