Public Sale. Each Investor agrees not to make, without the prior written consent of the Company, any public offering or sale of the Securities, or any Common Stock issued upon the conversion thereof, although permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) 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 Closing of the sale of such Stock to such Investor by the Company.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Collateral Therapeutics Inc), Series C Preferred Stock Purchase Agreement (Collateral Therapeutics Inc)
Public Sale. Each Investor agrees not to make, without the prior written consent of the Company, any public offering or sale of the SecuritiesShares, or any Common Stock issued upon the conversion thereof, although permitted to do so pursuant to Rule rule 144(k) promulgated under the Securities Act, until the earlier of (i) the date on which the Company effects its initial registered public offering pursuant to the Securities Act or Act, (ii) the date on which it the Company becomes a registered company pursuant to Section 12(g) of the Securities Exchange Act of 1934, as amended, or (iii) five years after the Closing of the sale of such Stock the Shares to such Investor by the Company.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Dendreon Corp), Series E Preferred Stock Purchase Agreement (Dendreon Corp)
Public Sale. Each Investor agrees not to make, without the prior written consent of the Company, any public offering or sale of the Securities, or any Common Stock issued upon the conversion thereof, although permitted to do so pursuant to Rule 144(k) promulgated under the Securities Act, until the earlier of (i) 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 Closing of the sale of such Stock to such Investor by the Company.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Collateral Therapeutics Inc), Preferred Stock Purchase Agreement (Collateral Therapeutics Inc)
