Lapse. The First Refusal Right shall lapse upon the earlier to occur of (i) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least $20,000,000 or (ii) the acquisition of the Company by an entity that is traded on a stock exchange or the Nasdaq Stock Market.
Appears in 2 contracts
Samples: Stock Purchase Agreement (ConforMIS Inc), Stock Purchase Agreement (ConforMIS Inc)
Lapse. The First Refusal Right shall lapse upon the earlier to occur of (i) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least $20,000,000 or (ii) the acquisition of the Company Corporation by an entity that is traded on a stock exchange or exchange. However, the Nasdaq Stock MarketMarket Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right, including in the case of a transaction described in (i) above.
Appears in 2 contracts
Samples: Stock Purchase Agreement (NeuroSigma, Inc.), Stock Purchase Agreement (NeuroSigma, Inc.)
Lapse. The First Refusal Right shall lapse upon the earlier to occur of (ia) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least $20,000,000 or (iib) the acquisition of the Company Corporation by an entity that is traded on a stock exchange or the Nasdaq Stock Market. However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right, in the case of a transaction described in (a) above.
Appears in 2 contracts
Samples: Stock Issuance Agreement (Active Network Inc), Stock Purchase Agreement (Active Network Inc)