Cutbacks. If the managing underwriter advises the Company that the inclusion of all such Registrable Securities proposed to be included in any registration would interfere with the successful marketing (including pricing) of the Common Stock of the Company to be offered thereby, then the number of shares of Common Stock proposed to be included in such registration shall be allocated among the Company and the selling Stockholders in the following order of priority:
Appears in 4 contracts
Samples: Stockholders Agreement (Lifetime Brands, Inc), Letter Agreement and Joinder (Lifetime Brands, Inc), Registration Rights Agreement (CKE Inc.)
Cutbacks. If the managing underwriter advises the Company that the inclusion of all such Registrable Securities Restricted Shares proposed to be included in any registration would interfere with the successful marketing (including pricing) of the Common Stock Equity Securities of the Company to be offered thereby, then the number of shares of Common Stock Restricted Shares proposed to be included in such registration shall be allocated among the Company and the selling Stockholders in the following order of priority:
Appears in 3 contracts
Samples: Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp)
Cutbacks. If the managing underwriter advises Apollo, in the Company case of Demand Registration, or the Company, in the case of an offering by the Company, that the inclusion of all such Registrable Securities proposed to be included in any registration would interfere with the successful marketing (including pricing) of the Common Stock of the Company to be offered thereby, then the number of shares of Common Stock proposed to be included in such registration shall be allocated among the Company and the selling Stockholders in the following order of priority:
Appears in 2 contracts
Samples: Joinder Agreement (Sprouts Farmers Markets, LLC), Stockholders Agreement (Sprouts Farmers Markets, LLC)
