Qualifying Public Offering Sample Clauses
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. (a) Upon the occurrence of a Qualifying Public Offering, each holder will have the right to require the Issuer to repurchase all or any part of such holder's New Discount Notes with respect to which the Issuer has not exercised its right to redeem the New Discount Notes as described in Section 1101 at a purchase price in cash equal to the purchase price the Issuer would pay had it elected to redeem such Discount Notes pursuant to Section 1101 hereof (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date).
(b) Unless the Issuer has mailed a redemption notice with respect to all the outstanding New Discount Notes in connection with such Qualifying Public Offering as described in Section 1105, whenever the Parent proposes to register any shares of its common stock under the Securities Act for a public offering which the Issuer believes is reasonably likely to be a Qualifying Public Offering, the Issuer shall not later than thirty days prior to the expected date of the consummation of the offering (or the date on which the Issuer becomes aware of a proposed offering which is reasonably likely to be a Qualifying Public Offering, if such date is less than thirty days prior to the expected date of the consummation of the offering) the Issuer shall mail a notice (which may be revoked as set forth in clause (iii) below) to each holder with a copy to the Trustee stating:
(i) that a public offering which the Issuer believes is reasonably likely to be a Qualifying Public Offering is proposed and that if such offering occurs and is a Qualifying Public Offering such holder will have the right to require the Issuer to purchase such holder's New Discount Notes at a purchase price in cash equal to the purchase price the Issuer would pay had it elected to redeem such Discount Notes pursuant to Section 1101 hereof (subject to the right of holders of record on a record date to receive interest on the relevant interest payment date);
(ii) the expected approximate date for the consummation of the offering;
(iii) that the sending of such notice creates no obligation of the Parent or the Issuer to effect the proposed offering and that such notice may be revoked by the Issuer at any time it reasonably believes that the proposed public offering will not occur or that the proposed public offering will not be a Qualifying Public Offering; and
(iv) the procedures determined by the Issuer, consistent with the...
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. 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. 24 Section 8.2. Issuance of Additional Shares of Common Stock.............................................24 Section 8.3.
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. 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.
Qualifying Public Offering. Upon the earlier of the consummation of the Qualifying Public Offering or a Class A Voting Termination Event, the foregoing supermajority voting rights and any Outside Director voting rights will no longer be applicable.”
Qualifying Public Offering. Following a Qualifying Public Offering the foregoing supermajority voting rights will no longer be applicable.