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 Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon the existence of a public market for the class of securities subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such securities listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such securities are 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: Restricted Unit Agreement (Magnachip Semiconductor LLC), Restricted Unit Agreement (Magnachip Semiconductor LLC)

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Early Termination of Right of First Refusal. The other provisions of this Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon the existence of a public market for the class of securities subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such securities are listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such securities are 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: Deferred Units Agreement (Wayfair Inc.), Deferred Units Agreement (Wayfair LLC)

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 the existence of a public market for the class of securities subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such securities are listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such securities are 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: Magnachip Semiconductor LLC, Magnachip Semiconductor LLC

Early Termination of Right of First Refusal. The other provisions of this Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon the existence of a public market for the class of securities shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such securities stock is listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such securities are 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: Notice and Restricted Stock Unit Agreement (Sprout Social, Inc.), Restricted Stock Units Agreement (Lovesac Co)

Early Termination of Right of First Refusal. The other provisions of this Award Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon the existence of a public market for the class of securities shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such securities shares are listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such securities shares are 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 Units Agreement (SmartRent, Inc.)

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Early Termination of Right of First Refusal. The other provisions of this Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon the existence of a public market for the class of securities shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such securities shares are listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such securities shares are traded on the over-the-counter over‑the‑counter market and prices therefor are published daily on business days in a recognized financial journal.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Terran Orbital Corp)

Early Termination of Right of First Refusal. The other provisions of this Agreement notwithstanding, the Right of First Refusal shall terminate and be of no further force and effect upon the existence of a public market for the class of securities shares subject to the Right of First Refusal. A “public market” shall be deemed to exist if (i) such securities shares are listed on a national securities exchange (as that term is used in the Exchange Act) or (ii) such securities shares are 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 (AEye, Inc.)

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