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 of first refusal granted under this Section 4 shall not apply to, and shall expire upon, a Qualified Public Offering.
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 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 offering price per share of Common Stock is greater than or equal to 150% of the then-applicable conversion price of the Series B Preferred Stock, (b) the gross proceeds received by the Company exceed $30,000,000, and (c) the offering is underwritten 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. The Right of First Offer described in this Article XVII expires for any Class A Member who does not exercise this right at each opportunity.
Expiration of Right. The rights of first refusal granted under this Section 3 shall expire upon the earlier of: (i) the effectiveness of a registration statement for the sale of the Company’s shares of Common Stock in a firm commitment fully marketed underwritten public offering registered under the 1933 Act at a public offering price per share not less than $3.54 (subject to adjustment for stock splits, stock dividends, combinations, consolidations, recapitalizations, reorganizations and the like) with gross cash proceeds to the Company (before underwriting discounts, commissions and fees) of at least $40,000,000 (a “Qualified Public Offering”) or (ii) the effectiveness of a registration statement for the sale of the Company’s shares of Common Stock in the Company’s first underwritten public offering (an “IPO”) in connection with which all shares of Preferred Stock have converted into shares of Common Stock.
