Prohibited Transferees. Notwithstanding the foregoing, no Shareholder shall transfer any Transfer Shares to (a) any Competitor or (b) any customer, distributor or supplier of the Company, if the Board should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 4 contracts
Samples: Subscription Agreement (Naqi Logix Inc.), Right of First Refusal and Co Sale Agreement (Naqi Logix Inc.), Right of First Refusal and Co Sale Agreement (Shackelford Pharma Inc.)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder Prospective Transferor shall transfer any Transfer Shares Stock to (a) any Competitor entity which, in the determination of the Company’s Board of Directors, directly or indirectly competes with the Company; or (b) any customer, distributor or supplier of the Company, if the Company’s Board of Directors should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 3 contracts
Samples: Right of First Refusal and Co Sale Agreement (HyperSciences, Inc.), Right of First Refusal and Co Sale Agreement (HyperSciences, Inc.), Right of First Refusal and Co Sale Agreement (HyperSciences, Inc.)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder Restricted Holder shall transfer any Transfer Shares Stock to (a) any Competitor Competitor; or (b) any customer, distributor or supplier of the Company, if the Board should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 2 contracts
Samples: Stockholders Agreement (Atea Pharmaceuticals, Inc.), Stockholders Agreement (Atea Pharmaceuticals, Inc.)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder stockholder of the Company shall transfer any Transfer Shares Stock to (a) any Competitor entity which, in the determination of the Company’s Board of Directors, directly or indirectly competes with the Company; or (b) any customer, distributor or supplier of the Company, if the Company’s Board of Directors should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (Lantern Pharma Inc.), Right of First Refusal and Co Sale Agreement (Lantern Pharma Inc.)
Prohibited Transferees. Notwithstanding the foregoing, except in connection with a Deemed Liquidation Event, no Shareholder shall transfer any Transfer Shares to (a) any Competitor entity which, in the determination of the Company’s Board of Directors, directly or indirectly competes with the Company or (b) any customer, distributor or supplier of the Company, if the Company’s Board of Directors should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (DAVIDsTEA Inc.), Right of First Refusal and Co Sale Agreement (DAVIDsTEA Inc.)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder Stockholder shall transfer any Transfer Shares Stock to (a) any Competitor Entity which, in the reasonable determination of the Board, directly or indirectly competes with the Company; or (b) any customer, distributor or supplier of the Company, if the Company’s Board should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (M&m Media, Inc.), Right of First Refusal and Co Sale Agreement (M&m Media, Inc.)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder Stockholder shall transfer any Transfer Shares Stock to (a) any Competitor entity which, in the determination of the Company’s Board of Directors, directly or indirectly competes with the Company or (b) any customer, distributor or supplier of the Company, if the Company’s Board of Directors should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (Opgen Inc), Right of First Refusal and Co Sale Agreement (Lumera Corp)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder No Holder shall transfer any Transfer Shares to (a) any Competitor Person which, in the determination of the Company is a Competitor, or (b) any customer, distributor or supplier of the Company, if the Board Company should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 2 contracts
Samples: Shareholders Agreement (Fibrogen Inc), Shareholders’ Agreement (Fibrogen Inc)
Prohibited Transferees. Notwithstanding the foregoing, no Other Shareholder shall transfer any Transfer Shares Stock to (a) any Competitor entity which, in the determination of the Board of Directors, directly or indirectly competes with the Company; or (b) any customer, distributor or supplier of the Company, if the Board of Directors should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 1 contract
Samples: Right of First Refusal and Co Sale Agreement (Industrial Tech Acquisitions II, Inc.)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder shall transfer any Transfer Shares Stock to (a) any Competitor entity which, in the determination of the Company’s Board of Directors, directly or indirectly competes with the Company; or (b) any customer, distributor or supplier of the Company, if the Company’s Board of Directors should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 1 contract
Samples: Right of First Refusal and Co Sale Agreement (Provention Bio, Inc.)
Prohibited Transferees. Notwithstanding the foregoing, no Shareholder Common Holder or Non-Lead Investor shall transfer any Transfer Shares Stock to (a) any Competitor entity which, in the determination of the Company’s Board of Directors, directly or indirectly competes with the Company or (b) any customer, distributor or supplier of the Company, if the Company’s Board of Directors should determine that such transfer would result in such customer, distributor or supplier receiving information that would place the Company at a competitive disadvantage with respect to such customer, distributor or supplier.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Rules-Based Medicine Inc)
