EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above shall remain in effect until such time, if ever, as a distribution to the public is made of shares of the Company's Common Stock pursuant to a registration statement filed under the Securities Act of 1933, as amended, or a successor statute, at which time the first refusal rights of the Company set forth herein will automatically expire.
Appears in 18 contracts
Samples: Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc), Warrant Agreement (Acusphere Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above in this Section 16 shall remain in effect until such time, if ever, as a distribution to the an underwritten public offering is made of shares of the Company's Common Stock pursuant to a registration statement filed under the Securities Act of 1933, as amended, 1933 or a successor statute, at which time this Section 16 and the right of first refusal rights of the Company set forth herein will automatically expire.
Appears in 17 contracts
Samples: Incentive Stock Option Agreement (Breakaway Solutions Inc), Option Agreement (Breakaway Solutions Inc), Non Qualified Stock Option Agreement (Breakaway Solutions Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above in this Section 16 shall remain in effect until such time, if ever, as a distribution to the an underwritten public offering is made of shares of the Company's Common Stock pursuant to a registration statement filed under the Securities Act of 1933, as amended, 1933 or a successor statutestatute or the closing of an Acquisition as defined in the Plan, at which time this Section 16 and the right of first refusal rights of the Company set forth herein will automatically expire.
Appears in 7 contracts
Samples: Incentive Stock Option Agreement (Breakaway Solutions Inc), Non Qualified Stock Option Agreement (Breakaway Solutions Inc), Non Qualified Stock Option Agreement (Breakaway Solutions Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above shall remain in effect until such time, if ever, as a distribution to the public is made of shares of the Company's Common Stock pursuant to a registration statement filed under the Securities Act of 1933, as amended, or a successor statute, at which time the first refusal rights of the Company set forth herein will automatically expire.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (Metabolix, Inc.), Incentive Stock Option Agreement (Metabolix, Inc.), Incentive Stock Option Agreement (Cabletron Systems Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above shall remain in effect until such time, if ever, as a distribution to the public is made of shares of the Company's Common Stock for an aggregate public offering price of at least $8,000,000 or more pursuant to a registration statement filed under the Securities Act of 1933, as amended, or a successor statute, at which time the first refusal rights of the Company set forth herein will automatically expire.
Appears in 2 contracts
Samples: XVT Software (Peregrine Systems Inc), XVT Software (Peregrine Systems Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal ---------------------------------------------- rights of the Company set forth above shall remain in effect until such time, if ever, as a distribution to the public is made of shares of the Company's Common Stock pursuant to a registration statement filed under the Securities Act of 1933, as amended, or a successor statute, at which time the first refusal rights of the Company set forth herein will automatically expire. 17.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Cabletron Systems Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above shall remain in effect until such time, if ever, as a distribution to the public is made of shares of the Company's Common Stock pursuant to a registration statement filed under the Securities Act of 1933, as amended, or a successor statute, at which time the first refusal rights of the Company set forth herein will automatically expire.Securities
Appears in 1 contract
Samples: Warrant Agreement (Acusphere Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above in this Section Section 16 shall remain in effect until such time, if ever, as a distribution to the an underwritten public offering is made of shares of the Company's Common Stock pursuant to a registration statement filed under the Securities Act of 1933, as amended, 1933 or a successor statute, at which time this Section 16 and the right of first refusal rights of the Company set forth herein will automatically expire.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (Breakaway Solutions Inc)
EXPIRATION OF COMPANY'S RIGHT OF FIRST REFUSAL. The first refusal rights of the Company set forth above shall remain in effect until such time, if ever, as a distribution to the public is made of shares of the Company's Common Stock for an aggregate public offering price of at least $5 million or more pursuant to a registration statement filed under the Securities Act of 1933, as amended, or a successor statute, at which time the first refusal rights of the Company set forth herein will automatically expire.
Appears in 1 contract
