Expiration Upon a Public Offering. The provisions of this Section 5 shall terminate upon a Public Offering, provided that (i) such termination shall not affect the Company’s repurchase right following a termination for Cause or a repurchase by reason of the Employee’s Competitive Activity, the circumstances of which occurred prior to such Public Offering, and (ii) the right of the Company and the Investors to repurchase the Employee’s Shares by reason of Competitive Activity by the Employee shall continue following a Public Offering.
Appears in 4 contracts
Samples: Employee Stock Option Agreement (PharMEDium Healthcare Holdings, Inc.), Employee Stock Option Agreement (PharMEDium Healthcare Holdings, Inc.), Employee Stock Subscription Agreement (PharMEDium Healthcare Holdings, Inc.)
Expiration Upon a Public Offering. The provisions of this Section 5 shall terminate upon a Public Offering, provided that (i) such termination shall not affect the Company’s repurchase right following a termination for Cause that was effective (or a repurchase by reason of the Employee’s Competitive Activity, the circumstances of which occurred deemed to be effective) prior to such Public Offering, and (ii) the right of the Company and the Investors Offering or any payment obligation postponed pursuant to repurchase the Employee’s Shares by reason of Competitive Activity by the Employee shall continue following a Public OfferingSection 5(f).
Appears in 2 contracts
Samples: Employee Stock Subscription Agreement (SiteOne Landscape Supply, Inc.), Employee Stock Subscription Agreement (Unistrut International Holdings, LLC)
