Common use of Public Sale Clause in Contracts

Public Sale. The term “Public Sale” shall mean any sale of securities to the public pursuant to a public offering registered under the Securities Act 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 or any other public offering not required to be registered under the Securities Act.

Public Sale. The term “"Public Sale” " shall mean any sale of securities to the public a distribution pursuant to a public offering registered registration statement under the Securities Act or, if the securities sold are of a class which is publicly traded as evidenced by listing with a national securities exchange, on the NASDAQ National Market or otherwise, a sale to the public through a broker or market-maker pursuant to which is exempt from the provisions registration requirements of Rule 144 (or any successor rule) adopted under the Securities Act under Rule 144 thereunder or any other public offering not required to be registered under the Securities Actotherwise.

Public Sale. The term “"Public Sale” " shall mean any sale of securities to the public a distribution pursuant to a public offering registered under the Securities Act 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 or any other public offering not required to be registered registration statement under the Securities Act.