WIT GROUP SHARE ALLOCATION Clause Samples
WIT GROUP SHARE ALLOCATION. Wit Group agrees that (i) in each and -------------------------- every Registered Offering that Wit Group participates in as an underwriter, placement agent, broker-dealer, selling group member, distributor or otherwise, the amount of Retail Securities in such offering that shall be made available to E Group shall be ***** percent (*****%) of the total Retail Securities (other than Excluded Securities) in such offering and (ii) in each and every Registered Offering that Wit Group participates in as an underwriter, placement agent, broker-dealer, selling group member, distributor or otherwise, the amount of "non-designated" shares in such offering that shall be made available to E Group shall be at least ***** percent (*****%) of the total of such "non-designated" shares available to Wit Group in such offering; provided, however, that any "non-designated" shares allocated by Wit Group that are Excluded Securities shall not be deemed available to Wit Group for purposes of determining compliance with the preceding percentage threshold. For purposes of this Agreement, "non-designated" shares shall mean those shares that are not specifically designated for allocation to institutional accounts or other accounts by the lead managing underwriter or placement agent. Each of the allocation requirements set forth above may only be waived by the written approval of E Group or the member of the commitment committee of Wit Group designated by E Group. E*TRADE shall be entitled to reject or not accept participation in any equity offering at its sole discretion.
WIT GROUP SHARE ALLOCATION. Wit Group agrees that in each and every Registered Offering for which Wit Group is a lead managing or co-managing underwriter, the amount of Retail Securities in such offering that shall be made available to E Group shall be at least one hundred thousand (100,000) shares (other than Excluded Securities) in the case of a Registered Offering in which Wit Group is the lead manager and seventy five thousand (75,000) shares (other than Excluded Securities) in the case of a Registered Offering in which Wit Group is a co-managing underwriter; PROVIDED, HOWEVER, that E Group shall be entitled to accept or not accept participation in any equity offering in its sole and absolute discretion. In the event that: (i) Wit Group offers a Registered Offering to E Group in which Wit Group is the lead managing or co-managing underwriter and the amount of Retail Securities allocated to E Group is less than the minimum amount of one hundred thousand (100,000) shares in the case of a Registered Offering in which Wit Group is the lead manager and seventy five thousand (75,000) shares (other than Excluded Securities) in the case of a Registered Offering in which Wit Group is a co-managing underwriter; and (ii) E Group decides to accept these Retail Securities, then within thirty days following the closing of the Registered Offering Wit Group shall pay E Group an amount equal to the selling concessions to which E Group would have been entitled based on the applicable share allocation.