Cutback Shares Definition Example with 9 Variations

Cutback Shares. Means any of the Initial Required Registration Amount, the Subsequent Required Registration Amount or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. For... the purpose of determining the Cutback Shares, in order to determine any applicable Required Registration Amount, unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Series A Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such Warrant Shares have been excluded, and second the Conversion Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Series A Warrant Shares have been excluded, second the Series B Warrant Shares shall be excluded on a pro rata basis among the Investors until all of the Series B Warrant Shares have been excluded and third the Series C Warrant Shares shall be excluded on a pro rata basis among the Investors until all of the Series C Warrant Shares have been excluded. View More

Cutback Shares. Means any of the Initial Required Registration Amount Amount, the Subsequent Required Registration Amount(s) or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) Amount(s) of Registrable Securities not included in the Initial Registration Statement, all Subsequent Registration Statements, as applicable, or all Additional Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum... number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. The number of Cutback Shares shall be allocated pro rata among the Investors with each Investor entitled to elect the portion of its Conversion Shares and/or Warrant Shares that are to be considered Cutback Shares. For the purpose of determining the Cutback Shares, in order to determine any applicable Additional Required Registration Amount, unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such Warrant Shares have been excluded, and second the Conversion Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Shares have been excluded, second the Exchange Series B Warrant Shares shall be excluded on a pro rata basis among the Investors until all of the Exchange Series B Warrant Shares have been excluded, third the Series B Warrant Shares shall be excluded on a pro rata basis among the Investors until all of the Series B Warrant Shares have been excluded, and fourth the Series A Warrant Shares shall be excluded on a pro rata basis among the Investors until all of the Series A Warrant Shares have been excluded. View More

Cutback Shares. Means means any of the Initial Required Registration Amount or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. For the purpose of determining the Cutback... Shares, in order to determine any applicable Required Registration Amount, unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such Warrant Shares have been excluded, and second the Conversion Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Common Shares have been excluded. View More

Cutback Shares. Means means any of the Initial Required Registration Amount or and/or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. For the purpose of determining the... Cutback Shares, in order to determine any applicable Required Registration Amount, unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Bridge Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such Warrant Shares have been excluded, and second the Conversion Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Bridge Warrant Shares have been excluded and second the Equity Warrant Shares shall be excluded on a pro rata basis among the Investors until all of the Equity Warrant Shares have been excluded. View More

Cutback Shares. Means means any of the Initial Required Registration Amount or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. For the purpose of determining the Cutback... Shares, in order to determine any applicable Required Registration Amount, unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such Warrant Shares have been excluded, and second the Conversion Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Warrant Shares have been excluded (sequentially starting with the Warrants having the highest Exercise Price and thereafter the next higher price, etc., calculated for each Purchaser based on such Purchaser's pro-rata amount of Warrants included comprising Registrable Securities) and then the Common Stock shall be excluded on a pro rata basis among the Investors until all of the Common Stock have been excluded. View More

Cutback Shares. Means means any of the Initial Required Registration Amount or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. For the purpose of determining the Cutback... Shares, in order to determine any applicable Required Registration Amount, unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such of the Warrant Shares have been excluded, excluded (sequentially starting with the Warrants having the highest Exercise Price and second thereafter the Conversion next higher price, etc., calculated for each Purchaser based on such Purchaser's pro-rata amount of Warrants included comprising Registrable Securities) and then the Common Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Common Shares have been excluded. View More

Cutback Shares. Means any of the Initial Required Registration Amount or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. For the purpose of determining the Cutback Shares,... in order to determine any applicable Required Registration Amount, unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such of the Warrant Shares have been excluded, excluded and second the Conversion Common Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Common Shares have been excluded. excluded View More

Cutback Shares. Means any of the Initial Required Registration Amount or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. For the purpose of determining the Cutback Shares,... in order to determine any applicable Required Registration Amount, subject to the immediately preceding clause (i), unless an Investor gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such of the Warrant Shares have been excluded, and second the Conversion Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Shares have been excluded. View More

Cutback Shares. Means any of the Total Required Registration Amount, Initial Required Registration Amount or the Additional Required Registration Amount (without regard to clause (II) in the definition thereof) of Registrable Securities not included in all Registration Statements previously declared effective as contemplated hereunder as a result of a limitation on the maximum number of shares of Common Stock of the Company permitted to be registered by the staff of the SEC pursuant to Rule 415. The number of... Cutback Shares shall be allocated pro rata among the Holders. For the purpose of determining the Cutback Shares, Securities, in order to determine any applicable Required Registration Amount, unless an Investor a Holder gives written notice to the Company to the contrary with respect to the allocation of its Cutback Shares, first the Warrant Shares issuable upon exercise of the Common Stock Purchase Warrants shall be excluded on a pro rata basis among the Investors until all such Warrant Shares have been excluded, and second the Conversion Shares shall be excluded on a pro rata basis among the Investors until all of the Conversion Shares have been excluded. excluded and second, the Warrant Shares shall be excluded on a pro rata basis until all of the Warrant Shares have been excluded View More