Common use of Public Sale Clause in Contracts

Public Sale. The Purchaser agrees not to make, without the prior written consent of the Company, any public offering or sale of the Shares, even if permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) six months after the date on which the Company effects its initial registered public offering pursuant to the Securities Act or (ii) five years after the date of the Closing of this Agreement.

Appears in 4 contracts

Samples: Series J Preferred Stock Purchase Agreement (Combichem Inc), Series J Preferred Stock Purchase Agreement (Combichem Inc), Stock Purchase Agreement (Combichem Inc)

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Public Sale. The Purchaser Investor agrees not to make, without the prior written consent of the Company, any public offering or public sale of the Sharesany Securities, even if although permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) six months after the date on which the Company effects its initial registered public offering pursuant to the Securities Act or (ii) the date on which it becomes a registered company pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended, or (iii) five years after the date of the Closing of this AgreementClosing.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Scientific Learning Corp), Securities Purchase Agreement (Scientific Learning Corp)

Public Sale. The Purchaser agrees not to make, without the prior written consent of the Company, any public offering or sale of the Shares, even if Purchased Securities although permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) six months after the date on which the Company effects its initial registered public offering pursuant to the Securities Act, (ii) the date on which the Company becomes a registered company pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended, or (iiiii) five years after the date of the Closing of this AgreementDate.

Appears in 1 contract

Samples: Securities Purchase Agreement (Myo Diagnostics Inc)

Public Sale. The Purchaser Such Shareholder agrees not to make, without the prior written consent of the Company, any public offering or sale of any of the SharesSecurities, even if although permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) six months after the date on which the Company effects its initial registered public offering pursuant to the Securities Act or (ii) the date on which it becomes a registered company pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended, or (iii) five years after the date of the Closing of this AgreementEffective Date.

Appears in 1 contract

Samples: Conversion Agreement (Caldera Systems Inc)

Public Sale. The Purchaser agrees not to make, without the prior written consent of the Company, any public offering or sale of the Shares, even if Purchased Securities although permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) six months after the date on which the Company effects its initial registered public offering pursuant to the Securities Act or Act, (ii) five years after the date on which the Company becomes a registered company pursuant to Section 12(g) of the Closing Securities Exchange Act of this Agreement1934, as amended, or (iii) December 23, 1999.

Appears in 1 contract

Samples: Securities Purchase Agreement (Myo Diagnostics Inc)

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Public Sale. The Purchaser agrees not to make, without the prior written consent of the Company, any public offering or sale of the Shares, even if permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) six months after the date on which the Company effects its initial registered public offering pursuant to the Securities Act Effectiveness Date or (ii) five years one (1) year after the date of the Closing of this Agreement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Elan Corp PLC)

Public Sale. The Purchaser agrees not to make, without the prior written consent of the Company, any public offering or sale of the Shares, even if or of the Underlying Common Shares, although permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) six months after the date on which the Company effects its initial registered public offering pursuant to the Securities Act Act, or (ii) five years after the date of the Closing of this Agreement.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Combichem Inc)

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