Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall terminate following the Company's initial Qualified Offering.
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 7 shall terminate upon the earlier of (i) the effective date of a registration statement pursuant to Section 3(a) or (ii) twelve months after the Closing Date.
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall not apply to, and shall terminate upon the earlier of (a) the effective date of the registration statement pertaining to the Company’s Initial Offering that results in the Preferred Stock being converted into Common Stock and (b) an Acquisition. Notwithstanding Section 5.5 hereof, the preemptive rights established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall not apply to, and with respect to issuances by the Company shall terminate upon, the consummation of a Qualified Public Offering. The preemptive rights established by this Section 4 may be amended, or any provision waived, with the written consent of the Majority Holders or as permitted by Section 5.3.
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall not apply to, and with respect to issuances by the Company shall terminate upon the earlier to occur of the consummation of, (a) the Initial Offering or (b) Liquidity Event (as defined in the Certificate). The preemptive rights established by this Section 4 may be amended, or any provision waived, with the written consent of the Company and the Requisite Holders or as permitted by Section 5.3; provided, however, that with respect to any such waiver, if any Investors voting in favor or consenting to such waiver subsequently participate in the purchase of the Equity Securities for which such waiver was obtained, then the remaining Preemptive Investors not providing such waiver will be granted the right to participate in the purchase of the Equity Securities, on a pro-rata basis in accordance with this Section 4.
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 6 shall terminate three years from the date hereof. The preemptive rights established by this Section 5 may be amended, or any provision waived, either prospectively or retrospectively, with the written consent of the Stockholder, or as permitted by Section 6.5.
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4 shall terminate upon the closing of the Company's Qualified Public Offering. Notwithstanding the foregoing, the preemptive rights established by this Section 4 shall terminate as to any Investor, and shall not apply to any Investor, who, together with any Affiliates, holds less than 500,000 Shares in the case of an Investor who holds Series A Stock or Series B Stock, or 390,000 Shares in the case of an Investor who holds Series C Stock, or 280,000 Shares in the case of an Investor who holds Series D Stock (in each case, as adjusted for stock splits, recapitalizations and the like).
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 6 shall not apply to, and shall terminate upon the effective date of the registration statement pertaining to the Company’s first Qualified Public Offering.
Termination and Waiver of Preemptive Rights. The preemptive rights established by this Section 4.12 shall terminate upon the earlier of (x) the date the Debentures are no longer outstanding or (y) the 12 month anniversary of the Effective Date.
Termination and Waiver of Preemptive Rights. (a) The preemptive rights established by this Section 4 shall not apply to, and shall terminate upon the earlier of (i) the Company’s first Qualified Public Offering (as such term is defined in the Company’s Amended and Restated Certificate of Incorporation, as amended) and (ii) the closing of an Acquisition or Asset Transfer (each as defined in the Company’s Amended and Restated Certificate of Incorporation as in effect on the date hereof). The preemptive rights established by this Section 4 may be amended, or any provision waived, either prospectively or retrospectively, only with the prior written consent of Major Investors holding at least fifty-five percent (55%) of the Registrable Securities held by all Major Investors; provided that Section 4.4(b) may be amended, or any provision thereof waived, either prospectively or retrospectively, only with the prior written consent of Major Investors holding at least sixty percent (60%) of the shares of Series E Stock held by all Major Investors.
(b) In the event that the preemptive rights established by this Section 4 are waived pursuant to Section 4.4(a) hereof with respect to an issuance of Equity Securities by the Company, and any Major Investor that consented to such waiver pursuant to Section 4.4(a) (a “Waiving Major Investor”) is nevertheless permitted to purchase any such Equity Securities, each Major Investor shall be entitled to purchase, within 30 days of receiving notice of the initial issuance of Equity Securities to any Waiving Major Investor(s), its Adjusted Pro Rata Share (as defined below) of such New Securities upon the terms and conditions set forth in this Section 4. For purposes of this Section 4.4(b), a Major Investor’s “Adjusted Pro Rata Share” of the Equity Securities subject to the waiver described herein shall be equal to (i) such Major Investor’s pro rata share (as defined in Section 4.1(a)) of such New Securities multiplied by (ii) the highest percentage (up to 100%) of any Waiving Major Investor’s Pro Rata Share that such Waiving Major Investor is permitted to purchase. For example, if only one Waiving Major Investor is permitted to purchase any Equity Securities and it is permitted to purchase 50% of its pro rata share of the Equity Securities, each Waiving Major Investor’s Adjusted Pro Rata Share shall be 50% of its pro rata share. For another example, if one Waiving Major Investor is permitted to purchase 60% of its pro rata share and another Waiving Major Investor is permitted ...
