Common use of Company Sale Clause in Contracts

Company Sale. For purposes of this Agreement, a “Company Sale” shall mean the sale of the Company, whether in a single transaction or in a series of related transactions that are consummated contemporaneously (or consummated pursuant to contemporaneous agreements), to one or more unaffiliated third parties on an arm’s-length basis, pursuant to which such unaffiliated third party or parties acquires (i) (whether by merger, consolidation, sale or transfer of capital stock, recapitalization, or otherwise) more than fifty percent (50%) of the Company's common stock or (ii) all or substantially all of the assets of the Company determined on a consolidated basis. [Remainder of page intentionally left blank.]

Appears in 2 contracts

Samples: Stock Issuance Agreement, Stock Issuance Agreement

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Company Sale. For purposes of this Agreement, a “Company Sale” shall mean the sale of the Company, whether in a single transaction or in a series of related transactions that are consummated contemporaneously (or consummated pursuant to contemporaneous agreements), to one or more unaffiliated third parties on an arm’s-length basis, pursuant to which such unaffiliated third party or parties acquires (i) (whether by merger, consolidation, sale or transfer of capital stock, recapitalization, or otherwise) more than fifty percent (50%) of the Company's common stock or (ii) all or substantially all of the assets of the Company determined on a consolidated basis. [Remainder of page intentionally left blank.]

Appears in 2 contracts

Samples: Stock Issuance Agreement (Synthetic Biologics, Inc.), Stock Issuance Agreement (Synthetic Biologics, Inc.)

Company Sale. For purposes of this Agreement, a “Company Sale” shall mean the sale of the Company, whether in a single transaction or in a series of related transactions that are consummated contemporaneously (or consummated pursuant to contemporaneous agreements), to one or more unaffiliated third parties on an arm’s-length basis, pursuant to which such unaffiliated third party or parties acquires (i) (whether by merger, consolidation, sale or transfer of capital stock, recapitalization, or otherwise) more than fifty percent (50%) of the Company's common stock Common Stock or (ii) all or substantially all of the assets of the Company determined on a consolidated basis. [Remainder of page intentionally left blank.]

Appears in 1 contract

Samples: Stock Issuance Agreement (AmpliPhi Biosciences Corp)

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Company Sale. For purposes of this Agreement, a “Company Sale” shall mean the sale of the Company, whether in a single transaction or in a series of related transactions that are consummated contemporaneously (or consummated pursuant to contemporaneous agreements), to one or more unaffiliated third parties on an arm’s-length basis, pursuant to which such unaffiliated third party or parties acquires (i) (whether by merger, consolidation, sale or transfer of capital stock, recapitalization, or otherwise) more than fifty percent (50%) of the Company's common ’s capital stock or (ii) all or substantially all of the assets of the Company determined on a consolidated basis. [Remainder of page intentionally left blank.]

Appears in 1 contract

Samples: Stock Issuance Agreement (Oragenics Inc)

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