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)
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.
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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 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
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
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
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.
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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)