Cutback Registrable Securities

Cutback Registrable Securities. Means, (i) any Cutback Shares not previously included in a Registration Statement, and (ii) any shares of capital stock of the Company (or any successor or assign of the Company, whether by merger, reorganization, consolidation, sale of assets or otherwise) which may be issued or issuable with respect to, in exchange for, or in substitution of the to such Cutback Shares, as applicable, as a result of any stock split, stock dividend, recapitalization, exchange or similar event or otherwise; otherwise, without regard to any limitations on the conversion of the Preferred Shares or on exercise of the Warrants; provided, however, that any Cutback Registrable Securities shall cease to be Cutback Registrable Securities when (a) (x) a Registration Statement with respect to the sale of such securities has become effective under the Securities 1933 Act and such securities are disposed of in accordance with such Registration Statement, or (b) (y) such securities are sold in accordance with Rule 144, (c) or (z) all of such securities are eligible to be sold by the holder thereof pursuant to Rule 144 without limitation, restriction or condition (including any current public information requirement) thereunder, or (d) when such securities are sold to the Company thereunder View More