Class of Shares. The class and series of the Company's capital stock for which this Warrant shall be exercisable (the "Class") shall be Qualified Financing Securities; provided, that if, upon consummation of the Qualified Financing, the Qualified Financing Price shall be greater than the then-effective Series B Price, or if, prior to the consummation of the Qualified Financing, there shall be an Acquisition, liquidation or IPO, then "Class" shall be Series B Stock from and after the consummation of the Qualified Financing or as of immediately prior to the effectiveness of the registration statement filed in connection with the IPO, the closing of the Acquisition, or such liquidation, as the case may be; and in any event subject to further adjustment from time to time in accordance with the provisions of this Warrant.
Appears in 2 contracts
Samples: Tranzyme Inc, Tranzyme Inc
Class of Shares. The class and series of the Company's capital stock for which this Warrant shall be exercisable (the "Class") shall be Qualified Financing Securities; provided, that if, upon consummation of the Qualified Financing, the Qualified Financing Price shall be greater than the then-effective Series B Price, or if, prior to the consummation of the Qualified Financing, there shall be an Acquisition, liquidation Acquisition or IPO, or the Company shall consummate an Equity Financing that is not a Qualified Financing, or the Company shall not have consummated the initial closing of a Qualified Financing on or before June 30, 2009, then "Class" shall be Series B A Stock from and after the consummation of the Qualified Financing or (i) as of immediately prior to the effectiveness of the registration statement filed in connection with the IPO, such IPO or the closing of the such Acquisition, or (ii) as of immediately following the closing of such liquidationEquity Financing, or (iii) from and after July 1, 2009, as the case may be; and in any event subject to further adjustment from time to time in accordance with the provisions of this Warrant.
Appears in 2 contracts
Samples: Tranzyme Inc, Tranzyme Inc