Common use of Covered Non-Public Company Clause in Contracts

Covered Non-Public Company. Any non-public company that satisfies the following criteria: (i) income of at least $1 million in the last fiscal year or in two of the last three fiscal years and shareholders’ equity of at least $15 million; (ii) shareholders’ equity of at least $30 million and a two-year operating history; or (iii) total assets and total revenue of at least $75 million in the latest fiscal year or in two of the last three fiscal years.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

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Covered Non-Public Company. Any non-public company that satisfies satisfying the following criteria: (i) income of at least $1 million in the last fiscal year or in two of the last three fiscal years and shareholders' equity of at least $15 million; (ii) shareholders' equity of at least $30 million and a two-year operating history; or (iii) total assets and total revenue of at least $75 million in the latest fiscal year or in two of the last three fiscal years.

Appears in 2 contracts

Samples: Subscription Agreement (American BriVision (Holding) Corp), Subscription Agreement (Asia Times Holdings LTD)

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