Qualifying Public Offering. If the Company shall effect a firm commitment underwritten public offering of shares of Common Stock which results in the conversion of the Preferred Stock into Common Stock pursuant to the Company’s Articles in effect immediately prior to such offering, then, effective upon such conversion, this Warrant shall change from the right to purchase shares of Preferred Stock to the right to purchase shares of Common Stock, and the Holder shall thereupon have the right to purchase, at a total price equal to that payable upon the exercise of this Warrant in full, the number of shares of Common Stock which would have been receivable by the Holder upon the exercise of this Warrant for shares of Preferred Stock immediately prior to such conversion of such shares of Preferred Stock into shares of Common Stock, and in such event appropriate provisions shall be made with respect to the rights and interest of the Holder to the end that the provisions hereof (including, without limitation, the provisions for the adjustment of the Purchase Price and of the number of shares purchasable upon exercise of this Warrant and the provisions relating to the net issue election) shall thereafter be applicable to any shares of Common Stock deliverable upon the exercise hereof.
Qualifying Public Offering. If the Company shall effect a firm commitment underwritten public offering of shares of Common Stock which results in the conversion of the Preferred Stock into Common Stock pursuant to the Company’s Articles in effect immediately prior to such offering, then, effective upon such conversion, this Warrant shall change from the right to purchase shares of Preferred Stock to the right to purchase shares of Common Stock, and the Holder shall thereupon have the right to purchase, at a total price equal to that payable upon the exercise of this Warrant in full, the number of shares of Common Stock which would have been receivable by the Holder upon the exercise of this Warrant for shares of Preferred Stock immediately prior to such conversion of such shares of Preferred Stock into shares of Common Stock, and in such event appropriate provisions shall be made with respect to the rights and interest of the Holder to the end that the provisions hereof (including, without limitation, the provisions for the adjustment of the Purchase Price and of the number of shares purchasable upon exercise of this Warrant and the provisions relating to the net issue election) shall thereafter be applicable to any shares of Common Stock deliverable upon the exercise hereof. KYTHERA BIOPHARMACEUTICALS, INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: President & CEO Agreed and Accepted: LIGHTHOUSE CAPITAL PARTNERS VI, L.P. By: Lighthouse Management Partners VI, L.L.C. its general partner By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director Subscription To: Date: The undersigned hereby subscribes for shares of Preferred Stock covered by this Warrant. The certificate(s) for such shares shall be issued in the name of the undersigned or as otherwise indicated below: Signature Name for Registration Mailing Address
Qualifying Public Offering. If the Company shall effect a firm commitment underwritten public offering of shares of Common Stock which results in the conversion of the Preferred Stock into Common Stock pursuant to the Company's Articles of Incorporation in effect immediately prior to such offering, then, effective upon such conversion, this Warrant shall change from the right to purchase shares of Preferred Stock to the right to purchase shares of Common Stock, and the Holder shall thereupon have the right to purchase, at a total price equal to that payable upon the exercise of this Warrant in full, the number of shares of Common Stock which would have been receivable by the Holder upon the exercise of this Warrant for shares of Preferred Stock immediately prior to the such conversion of such shares of Preferred Stock into shares of Common Stock, and in such event appropriate provisions shall be made with respect to the rights and interest of the Holder to the end that the provisions hereof (including, without limitation, provisions for the adjustment of the Purchase Price and of the number of shares purchasable upon exercise of this Warrant) shall thereafter be applicable to any shares of Common Stock deliverable upon the exercise hereof. Dated: December 2 , 1994 SYMPHONIX DEVICES, INC, ---------------------- ----- /s/ XXXXX X. XXXXXXX ----------------------------- (Corporate Seal) By: Xxxxx X. Xxxxxxx ------------------------- Title: President ---------------------- Attest: ------------------------------------
Qualifying Public Offering. If the Company shall effect a firm commitment underwritten public offering of shares of Common Stock which results in the conversion of the Preferred Stock into Common Stock pursuant to the Company’s Certificate in effect immediately prior to such offering, then, effective upon such conversion, this Warrant shall change from the right to purchase shares of Preferred Stock to the right to purchase shares of Common Stock, and the Holder shall thereupon have the right to purchase, at a total price equal to that
Qualifying Public Offering. If the Company shall effect a firm commitment underwritten public offering of shares of Common Stock which results in the conversion of the Preferred Stock into Common Stock pursuant to the Company’s Articles in effect immediately prior to such offering, then, effective upon such conversion, this Warrant shall change from the right to purchase shares of Preferred Stock to the right to purchase KiOR Inc.
Qualifying Public Offering. 24 Section 8.2. Issuance of Additional Shares of Common Stock.............................................24 Section 8.3.
Qualifying Public Offering. The Evercore Entities agree that they will take (and cause their director designees to take) reasonable commercial efforts to allow the Company to pursue and complete a Public Offering of Common Stock if the offering would be a Qualifying Public Offering and if, after such offering, the Evercore Entities' original Common Stock Ownership Interest at the Effective Date would have a value in excess of $120 million based on the offering price to be paid by the public in the Qualifying Public Offering.
Qualifying Public Offering. Section 1015A of the Indenture is -------------------------- hereby Incorporated by Reference, except that (i) any reference to "New Discount Notes" shall be deemed to be a reference to "Original Discount Notes"; (ii) the words "with a copy to the Trustee" appearing in Section 1015A shall be deemed to be deleted; (iii) the reference to Section 1101 shall be deemed to be a reference to Section 10.1 hereof; and (iv) the reference to Section 1105 shall be deemed to be a reference to Section 10.5 hereof.
Qualifying Public Offering. Following a Qualifying Public Offering the foregoing supermajority voting rights will no longer be applicable.
Qualifying Public Offering. If the Company shall effect a firm commitment underwritten public offering of shares of Common Stock, then appropriate provisions shall be made with respect to the rights and interest of the Holder to the end that the provisions hereof (including, without limitation, the provisions for the adjustment of the Purchase Price and of the number of shares purchasable upon exercise of this Warrant and the provisions relating to the net issue election) shall thereafter be applicable to any shares of Common Stock deliverable upon the exercise hereof.
