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.), Stock Option Agreement (Newlink Genetics Corp)

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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), Stock Option 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: Option Agreement (Telect Inc), Incentive Stock Option Agreement (Collegeclub Com Inc), Exercisable Nonstatutory 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 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 (Netscape Communications Corp), Nonstatutory Stock Option Agreement (Collegeclub Com Inc), 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 (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: Stock Option Agreement (AEye, Inc.), Stock Option 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.), 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 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: Stock Option 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 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: 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-counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Stock Option Agreement (Axesstel 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.)

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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)

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 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 Plan (Composite Technology 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 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: Stock Option 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: 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 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: Stock Option Agreement (Alpha Teknova, Inc.)

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