Market Stand-Off Provision. Holder agrees to be bound by the “Market Stand-Off” provision (the “Market Stand-Off Provision”) in section 2.11 of Investor Rights Agreement. The Market Stand-Off Provision may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification, or waiver affects the rights associated with all other shares of the same series and class as the of Shares granted pursuant to this Warrant.
Market Stand-Off Provision. Warrantholder hereby agrees that, during the period of duration not to exceed 180 days specified by the Company and an underwriter of Common Stock or other securities of the Company, following the effective date of the first registration statement for a firm commitment underwritten public offering of the Company’s securities filed under the Act, and, for a period of duration not to exceed 90 days specified by the Company and an underwriter of Common Stock or other securities of the Company, following the effective date of any subsequent registration statement for a firm commitment underwritten public offering of the Company’s securities filed under the Act, it shall not, to the extent requested by the Company and such underwriter, directly or indirectly, sell, offer to sell, contract to sell (including, without limitation, any short sale), grant any option to purchase or otherwise transfer or dispose of (other than to donees who agree to be similarly bound), or reduce its interest in (collectively, “Transfer”), any Shares issuable upon exercise of this Warrant during such period except Common Stock included in such registration. Such restrictions, however, shall not be applicable to transfers to any affiliated entity of Warrantholder, including any affiliated corporation, partnership, limited partnership, limited liability company or investment fund, or to any stockholders, partners, general partners, limited partners and members of Warrantholder, in each case who agree in writing to be bound by this Warrant, including this Section. To enforce the foregoing covenant, the Company may impose stop-transfer instructions with respect to the Company’s securities held by Warrantholder (and the shares or securities of every other person or entity subject to the foregoing restriction) until the end of such period.
Market Stand-Off Provision. The Investor agrees that, during the period of duration specified by the Company and an underwriter of Common Stock or other securities of the Company following the effective date of a registration statement of the Company filed under the Securities Act (which period shall not exceed 180 days), the Investor shall not, to the extent requested by the Company, directly or indirectly sell, contract to sell (including, without limitation, any short sale), grant any option to purchase or otherwise transfer or dispose of any securities of the Company held by the Investor at any time during such period. In order to enforce the provisions of this Section 6.3, the Company may impose stop-transfer instructions with respect to the securities held by the Investor and its affiliates that are subject to the foregoing restriction until the end of such period.
Market Stand-Off Provision. The holder of this Warrant agrees to be bound by the “Market Stand-Off” provision in section 1(l) of the Rights Agreement.
Market Stand-Off Provision. Unless otherwise approved by the Board, the Company shall cause each future holder of its securities to enter into an agreement substantially similar to the lock-up agreement set forth in Section 2.11 hereof.
Market Stand-Off Provision. The holder of this Warrant agrees to be bound by the “Market Stand-Off” provision in section 1(l) of the Third Amended and Restated Investor Rights Agreement dated June 6, 2002 between the Company and certain of its investors and founders.
Market Stand-Off Provision. Holder hereby agrees to be bound by the “Market Stand-Off” provision (the “Market Stand Off Provision”) in Section 1.13 of the Rights Agreement. The Market Stand-Off Provision set forth in the Rights Agreement may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver adversely affects the rights associated with all other shares of the same series and class as the Shares granted pursuant to this Warrant. Holder agrees that any assignee or transferee of any such Shares shall be bound by the Market Stand-Off Provision. “COMPANY” Date: August 26, 2011 FlREEYE, INC. By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxxxx X. Xxxxxxxx (Print) Title: “HOLDER” SILICON VALLEY BANK By: /s/ Xxxxx Xxxxxxxxxxx Name: Xxxxx Xxxxxxxxxxx (Print) Title: Relationship Manager SCHEDULE 1 CAPITALIZATION TABLE [See attached.] APPENDIX 1
Market Stand-Off Provision. Holder hereby agrees that, for a period of 180 days after the date of the final prospectus relating to any registered underwritten public offering, it shall not, to the extent requested by the Company and such underwriter, offer, sell, contract to sell, pledge or otherwise dispose of, (or enter into any transaction which is designed to, or might reasonably be expected to, result in the disposition (whether actual disposition due to cash settlement or otherwise), directly or indirectly, establish or increase a put equivalent position or liquidate or decrease a call equivalent position within the meaning of Section 16 of the Securities Exchange Act of 1934, as amended, and the rules and regulations of the Securities and Exchange Commission promulgated thereunder with respect to, any shares of capital stock of the Company now owned or hereafter acquired by the Holder or any securities convertible into, or exercisable for such capital stock. To enforce the foregoing covenant, the Company may impose stop-transfer instructions with respect to the Company's securities held by Holder (and the shares or securities of every other person subject to the foregoing restriction) until the end of such period.
Market Stand-Off Provision. The Holder hereby agrees to be bound by Section 1.13 (titled “Lock-up Agreements”) of the Registration Rights Agreement. The lock-up provisions of Section 1.13 of the Registration Rights Agreement may not be amended, modified or waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with all other shares of the same series and class as the Shares issuable to the Holder upon exercise or conversion of this Warrant. “COMPANY” Broadsoft, Inc. By: /s/ Xxxxxxx Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx, Xx. Name: Xxxx Xxxxxxx Name: Xxxxxxx X. Xxxxxxx, Xx. (Print) (Print) Title: Chairman of the Board, President Title: Chief Financial Officer, Secretary, or Vice President Assistant Treasurer or Assistant Secretary “HOLDER” SILICON VALLEY BANK By: /s/ Xxxxxxxx X. Xxxxxx Name: Xxxxxxxx X. Xxxxxx (Print) Title: Market Manager
Market Stand-Off Provision. The Investor hereby agrees that, until the 90th day after the Closing (or such lesser time as permitted by the underwriters), the Investor shall not, without the prior written consent of Kxxxx, Bxxxxxxx & Wxxxx, Inc. (“Kxxxx Bxxxxxxx”) and the Company, directly or indirectly, (i) offer, pledge, sell, contract to sell, sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant for the sale of, or otherwise dispose of or transfer any shares of Common Stock or any securities convertible into or exchangeable or exercisable for Common Stock, whether now owned, acquired pursuant to this Agreement or hereafter acquired by the undersigned or with respect to which the undersigned has, acquires pursuant to this Agreement or hereafter acquires the power of disposition, or file, or request that the Company file, any registration statement under the Securities Act, as amended, with respect to any of the foregoing, or (ii) enter into any swap or any other agreement or any transaction that transfers, in whole or in part, directly or indirectly, the economic consequence of ownership of Common Stock, whether any such swap or transaction is to be settled by delivery of Common Stock or other securities, in cash or otherwise. In the event that either (i) during the period that begins on the date that is 15 calendar days plus three (3) business days before the last day of the 90 day restricted period and ends on the last day of the 90 day restricted period, the Company issues an earnings release or material news or a material event relating to the Company occurs, or (ii) prior to the expiration of the 90 day restricted period, the Company announces that it will release earnings results during the 16 day period beginning on the last day of the 90 day restricted period, the restrictions set forth herein will continue to apply until the expiration of the date that is 15 calendar days plus three (3) business days after the date on which the earnings release is issued or the material news or event related to the Company occurs. The Company shall promptly notify Kxxxx Bxxxxxxx of any earnings releases, news or events that may give rise to an extension of the initial restricted period. For the avoidance of doubt and notwithstanding Section 6.12 of this Agreement, Kxxxx Bxxxxxxx shall be an express third party beneficiary of this Section 4.9. In the event the restrictions in this Section 4.9 are waived for any investor in the O...
