Expiration of Right. The rights of first refusal granted under this Section 3 shall not apply to, and shall expire upon, the effectiveness of a registration statement for the sale of the Company’s shares of Common Stock in a firm commitment underwritten public offering registered under the 1933 Act that results in the automatic conversion of the Investor Stock into shares of the Company’s Common Stock pursuant to the terms of the Restated Certificate (a “Qualified Public Offering”).
Expiration of Right. The right to participate in a registration with the Company pursuant to paragraph 5 will be exercisable by the Holder only on one (1)
Expiration of Right. The right of first offer granted under this Section 3 shall not apply to, and shall expire upon, the effectiveness of a registration statement for a Qualified Public Offering or a Liquidating Event, as defined in the Company’s Fourth Amended and Restated Certificate of Incorporation effective as of the date hereof.
Expiration of Right. The rights granted under this Section 2 shall not apply to, and shall expire upon, the first to occur of (a) the effectiveness of a registration statement for the sale of the Company’s shares of Common Stock in a firm commitment underwritten public offering registered under the 1933 Act (a “Qualified Public Offering”), or (b) a merger, consolidation, sale or reorganization that constitutes a Liquidating Event under the Charter.
Expiration of Right. The right of first refusal granted under this Agreement shall expire upon the closing of an underwritten public offering of the Company's Common Stock pursuant to an effective registration statement under the Securities Act, or under other applicable securities regulations covering the offer and sale of capital stock of the Company, in which (i) the gross proceeds received by the Company exceed $20,000,000, and (ii) the Company uses a nationally recognized underwriter approved by holders of a majority of the shares of the Preferred Stock voting separately as a class (a "Qualified Public Offering").
Expiration of Right. The rights of first refusal granted under this Section 4 shall not apply to, and shall expire upon, a Qualified Public Offering.
Expiration of Right. The pre-emptive right granted under Section 8.1 shall expire upon the ----------- closing of an underwritten public offering of the Company's Common Stock pursuant to an effective registration statement under the Securities Act, or under other applicable securities regulations covering the offer and sale of capital stock of the Company, in which (a) the Company is valued on a pre-money basis at greater than $100,000,000, (b) the gross proceeds received by the Company exceed $25,000,000, and (c) the Company uses a nationally recognized underwriter to underwrite the offering on a firm-commitment basis (a "Qualified Public Offering").
Expiration of Right. The rights of first refusal and rights of co- ------------------- sale granted under this Section 3 shall not apply to, and shall expire upon, the closing of a Qualified Public Offering (as defined in Section 4.4 below).
Expiration of Right. Upon termination of the Default Period, the special voting rights of the holders of the Series C Preferred Stock and Series D Preferred Stock provided under this paragraph 6(b) shall be immediately divested, but always subject to the revesting of such right in the holders of such Preferred Stock upon the occurrence of any subsequent Default Event. In the event that such rights of the holders of Series C Preferred Stock and Series D Preferred Stock under this paragraph 6(b) shall cease as provided above, then the directors elected to the Board of Directors by the holders of such Preferred Stock under this paragraph 6(b) shall at such time be automatically removed from office, and their respective positions terminated and the number of positions on the Board of Directors shall return to the number prior to the exercise of the rights provided in this paragraph 6(b), without further action on the part of the holders of the Series C Preferred Stock and Series D Preferred Stock, the holders of the Common Stock or the Board of Directors.
Expiration of Right. The parties hereto agree that the rights set forth in Article 4 hereof shall expire and be of no further force and effect as of the date on which the Company shall consummate a public offering of Common Stock registered under the Securities Act.
