Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933, as amended.
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Samples: Co Sale Rights Agreement (Woodside Capital Management, LLC), Co Sale Rights Agreement (Woodside Capital Management, LLC), Stockholders' Agreement (Buffalo Wild Wings Inc)
Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, Public Offering or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933, as amendedAct.
Appears in 3 contracts
Samples: Co Sale Agreement (Analex Corp), Co Sale Agreement (Analex Corp), Shareholder Agreement (Micros to Mainframes Inc)
Public Sale. The term “Public Sale Sale” shall mean any sale of Common Stock securities to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933, as amendedor any other public offering not required to be registered under the Securities Act.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nuvox Inc /De/), Securities Purchase Agreement (Nuvox Inc /De/)
Public Sale. Public Sale shall mean any sale of Common Stock Restricted Securities to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933, as amendedAct.
Appears in 2 contracts
Samples: Stockholders’ Agreement (Nuvox Inc /De/), Stockholders’ Agreement (Nuvox Inc /De/)
Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, Public Offering or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act. Purchase Agreement. Purchase Agreement shall have the meaning ascribed to it in the recitals. Securities. Securities shall mean the Investor Securities and the Other Securities. Securities Act. Securities Act shall mean the Securities Act of 1933, as amended.
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Samples: Shareholder Agreements (MTM Technologies, Inc.), Shareholder Agreements (MTM Technologies, Inc.)
Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, Public Offering or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933Act. Purchase Agreement. Purchase Agreement shall mean the Subordinated Note and Series A Convertible Preferred Stock Purchase Agreement, as amendeddated July 18, 2003, among the Company and the Pequot Shareholders.
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Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered registration statement under the Securities Act of 1933, as amended, or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933, as amendedAct.
Appears in 1 contract
Samples: Stockholder Agreement (Act-De LLC)
Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered registration statement under the Securities Act of 1933, as amended, or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act Act. Purchase Agreement. The Purchase Agreement, of 1933even date herewith, as amendedamong the Company the HIG Investor and the Sankaty Investors.
Appears in 1 contract
Samples: Stockholder Agreement (Advanced Communications Technologies Inc)
Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, Public Offering or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act. Securities. Securities shall mean the Investor Securities and the Other Securities. Securities Act. Securities Act shall mean the Securities Act of 1933, as amended.
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Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, Public Offering or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933, as amendedAct. Purchase Agreement. Purchase Agreement shall have the meaning ascribed to it in the recitals. Rothman. Rothman shall mean Steven Rothman.
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Public Sale. Public Sale shall mean any sale of Common Stock to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, Public Offering or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933Act. Purchase Agreement. Purchase Agreement shall mean the Purchase Agreement, as amendeddated January 29, 2004, among the Company and the Pequot Shareholders.
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Public Sale. Public Sale shall mean any sale of Common Stock or other equity interest of the Company to the public pursuant to a public offering registered under the Securities Act of 1933, as amended, (other than pursuant to a Rule 145 transaction or on Form S-8) or to the public through a broker or market-maker pursuant to the provisions of Rule 144 (or any successor rule) adopted under the Securities Act of 1933, as amendedor any other public offering not required to be registered under the Securities Act.
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