Emerging Growth Company and Smaller Reporting Company Clause Samples
The 'Emerging Growth Company and Smaller Reporting Company' clause defines whether a company qualifies for special regulatory treatment under securities laws based on its size and financial status. In practice, this clause identifies if the company meets criteria such as having annual revenues below a certain threshold or a public float under a specified amount, which can exempt it from some disclosure and compliance requirements. Its core function is to clarify the company's status for regulatory purposes, ensuring that both parties understand which reporting obligations and reduced compliance burdens may apply.
Emerging Growth Company and Smaller Reporting Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act (an “Emerging Growth Company”). “Testing-the-Waters Communication” means any oral or written communication with potential investors undertaken in reliance on Section 5(d) of the Securities Act or Rule 163B under the Securities Act. As of the time of the filing of the Registration Statement, the Company was a “smaller reporting company,” as defined in Rule 12b-2 of the Exchange Act.
Emerging Growth Company and Smaller Reporting Company. From the time of the initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Testing-the-Waters Communication) through the date hereof, the Company has
Emerging Growth Company and Smaller Reporting Company. As of the time of filing of the Registration Statement, the Company was an “emerging growth company” and a “smaller reporting company” as those terms are defined in in Rule 12b-2 of the Exchange Act Regulations.
Emerging Growth Company and Smaller Reporting Company. From the time of initial confidential submission of the Registration Statement to the Commission (or, if earlier, the first date on which the Company engaged directly or through any person authorized to act on its behalf in any Section 5(d) Written Communication or Section 5(d) Oral Communication) through the date hereof, the Company has been and is an “emerging growth company,” as defined in Section 2(a) of the Securities Act and a “smaller reporting company” as defined in Rule 12b-2 under the Exchange Act.