Common use of Early Termination of Right of First Refusal Clause in Contracts

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 13 contracts

Samples: Stock Option Agreement (Emulate Therapeutics, Inc.), Stock Option Agreement (SmartRent, Inc.), Securities Purchase Agreement (Newlink Genetics Corp)

AutoNDA by SimpleDocs

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror Acquiring Corporation assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the AcquirorAcquiring Corporation’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 12 contracts

Samples: Executive Employment Agreement (Ambrx Inc), Executive Employment Agreement (Ambrx Inc), Securities Agreement (Pacific DataVision, Inc.)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror Acquiring Corporation assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s Acquiring Corporation's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” "PUBLIC MARKET" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 12 contracts

Samples: Securities Agreement (Cisco Systems Inc), Stock Option Agreement (Telect Inc), Securities Agreement (Collegeclub Com Inc)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Transfer of Control, unless the Acquiror Acquiring Corporation assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s Acquiring Corporation's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” "PUBLIC MARKET" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 7 contracts

Samples: Nonstatutory Stock Option Agreement (Cisco Systems Inc), Incentive Stock Option Agreement (Cisco Systems Inc), Securities Agreement (Broadcom Corp)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-over the counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 2 contracts

Samples: Securities Purchase Agreement (AEye, Inc.), Securities Purchase Agreement (Conatus Pharmaceuticals Inc.)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s 's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A "public market" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 2 contracts

Samples: Stock Option Agreement (PROS Holdings, Inc.), Securities Purchase Agreement (CreditCards.com, Inc.)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror Acquiring Corporation assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the AcquirorAcquiring Corporation’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Securities Purchase Agreement (Axesstel Inc)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall will terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to will exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Securities Purchase Agreement (Alpha Teknova, Inc.)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Transfer of Control, unless the Acquiror Acquiring Corporation assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s Acquiring Corporation's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” "PUBLIC MARKET" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal. 13.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Netscape Communications Corp)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Controltransfer of control, unless the Acquiror successor entity assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s successor entity's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” "PUBLIC MARKET" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Stock Option Agreement (Spacedev Inc)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror Acquiring Corporation assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s Acquiring Corporation's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A " public market” market " shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Stock Option Agreement (Composite Technology Corp)

AutoNDA by SimpleDocs

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror Corporation assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the AcquirorAcquiror Corporation’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Securities Purchase Agreement (Reply! Inc)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon upon, (a) the occurrence of a Change in Transfer of Control, unless the Acquiror Acquiring Corporation assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s Acquiring Corporation's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” "PUBLIC MARKET" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Non Statutory Stock Option Agreement (Cisco Systems Inc)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journaljournal or the Canadian Securities Exchange.

Appears in 1 contract

Samples: Securities Purchase Agreement (Direct Communication Solutions, Inc.)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Transfer of Control, unless the Acquiror Acquiring Corporation assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s Acquiring Corporation's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A "public market" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Incentive Stock Option Agreement (Cisco Systems Inc)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or on a securities exchange or other established trading market in the Republic of Korea or (ii) such stock is traded on the over-the-counter market in the United States or the Republic of Korea and prices therefor are published daily on business days in a recognized financial journalsource.

Appears in 1 contract

Samples: Stock Option Agreement (Gemphire Therapeutics Inc.)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in of Control, unless the Acquiror acquiring corporation assumes the Company’s 's rights and obligations under the Option or substitutes a substantially equivalent option for the Acquiror’s acquiring corporation's stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A "public market" shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or ), (ii) such stock is traded on the over-the-counter market and prices therefor are published daily on business days in a recognized financial journaljournal or (iii) such stock is quoted on The Nasdaq Stock Market.

Appears in 1 contract

Samples: Stock Option Grant Agreement (Migratec Inc)

Early Termination of Right of First Refusal. The other provisions of this Option Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon (a) the occurrence of a Change in Control, unless the Acquiror Acquiring Corporation assumes the Company’s rights and obligations under the Option or substitutes a substantially equivalent option for the AcquirorAcquiring Corporation’s stock for the Option, or (b) the existence of a public market for the class of shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such stock is traded on the over-the-over the counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Stock Option Agreement (Auxilio Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!