Common use of Termination of Certain Covenants Clause in Contracts

Termination of Certain Covenants. The covenants set forth in Section 2 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Lets Talk Cellular & Wireless Inc), Common Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc)

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Termination of Certain Covenants. The covenants set forth in Section 2 2.5 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, Common Shares registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (New Oriental Education & Technology Group Inc.), Investors’ Rights Agreement (eLong, Inc.)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.4 and 2.5 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, at an offering price of at least $4.00 per share (appropriately adjusted for any stock split, dividend, combination or other recapitalization) and resulting in proceeds to the Company of at least $25,000,0004,000,000.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (HouseValues, Inc.), Investors’ Rights Agreement (HouseValues, Inc.)

Termination of Certain Covenants. The covenants set forth -------------------------------- in Section 2 Sections 2.4, 2.5 and 2.6 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (Planetrx Com)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.4, 2.5 and 2.6 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (Planetrx Com)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.4, 2.5 and 2.6 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, at an offering price of at least $5.00 per share (appropriately adjusted for any stock split, dividend, combination or other recapitalization) and resulting in proceeds to the Company of at least $25,000,00020 million.

Appears in 1 contract

Samples: Investors' Rights Agreement (Summit Design Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.5 and 2.6 shall terminate and be of no further force or effect upon (i) the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stockCommon Stock, registered under the ActSecurities Act or (ii) a Deemed Liquidation, resulting as defined in proceeds to the Company of at least $25,000,000Restated Certificate.

Appears in 1 contract

Samples: Investor Rights Agreement (Cyoptics Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.5, 2.7, 2.8 and 2.9 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fideregistration statement filed by the Company under the Act in connection with the firm commitment underwritten offering of its securities to the general public, firmly underwritten provided that such initial public offering of shares of common stock, registered under shall be for not less than $9.00 per share and $20,000,000 in the Act, resulting in proceeds to the Company of at least $25,000,000aggregate."

Appears in 1 contract

Samples: Investors' Rights Agreement (Saleslogix Corp)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 through Section 2 2.8 shall terminate and be of no further force or effect upon immediately prior to the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting Act in proceeds to which all shares of the Company Company’s outstanding Preferred Stock have been or are converted into shares of at least $25,000,000the Company’s Common Stock.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Anda Networks Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 2.4 through 2.6 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, at an offering price of at least $5.14 per share (appropriately adjusted for any stock split, dividend, combination or other recapitalization) and resulting in proceeds to the Company of at least $25,000,00015,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (Fairmarket Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.4, 2.5 and 2.6 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stockCommon Stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,00030,000,000 in the aggregate (before deducting underwriting discounts, commissions or expenses).

Appears in 1 contract

Samples: Investors’ Rights Agreement (DemandTec, Inc.)

Termination of Certain Covenants. The covenants set forth in Section 2 2.5 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (Advanced Medicine Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 2.9 shall terminate and be of no further force or effect upon the earlier of (i) the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stockCommon Stock, registered under or (ii) the Act, resulting in proceeds to acquisition of the Company by another entity by means of at least $25,000,000any transaction or series of related transactions (including, without limitation, any reorganization, merger or consolidation) that results in the transfer of fifty percent (50%) or more of the outstanding voting power of the Company.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Shutterfly Inc)

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Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.4 through 2.11 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a registration statement on Form S-1 filed by the Company under the Act in connection with a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,000Common Stock.

Appears in 1 contract

Samples: Investors' Rights Agreement (Chemconnect Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 through Section 2 2.9 shall terminate and be of no further force or effect upon immediately prior to the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting Act in proceeds to which all shares of the Company Company's outstanding Preferred Stock have been or are converted into shares of at least $25,000,000the Company's Common Stock.

Appears in 1 contract

Samples: Investors' Rights Agreement (Anda Networks Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 3.2 and 3.4 shall terminate and be of no further force or effect upon the consummation when less than fifty percent (50%) of the sale of securities pursuant to a bona fide, firmly underwritten public offering original number of shares of common stock, registered Common Stock issued to the Investors under the Act, resulting in proceeds to Securities Purchase Agreement are held by the Company of at least $25,000,000Investors.

Appears in 1 contract

Samples: Investors' Rights Agreement (Mindarrow Systems Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.4, 2.6, 2.7 and 2.8 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting which results in proceeds to the Company of at least $25,000,00020,000,000 or as provided under applicable law.

Appears in 1 contract

Samples: Investors' Rights Agreement (Youcentric Inc)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.5 and 2.6 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, stock registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 1 contract

Samples: Investors’ Rights Agreement (ArcSight Inc)

Termination of Certain Covenants. The covenants set forth in this Section 2 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, Common Stock registered under the ActAct pursuant to a registration statement on Form S-1, resulting in at an offering price of at least $5.00 per share (appropriately adjusted for any stock split, dividend, combination or other recapitalization) with aggregate gross proceeds to the Company of at least $25,000,0005,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (Waste Connections Inc/De)

Termination of Certain Covenants. The covenants set forth in Section 2 Sections 2.4, and 2.5 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (CleanTech Biofuels, Inc.)

Termination of Certain Covenants. The covenants covenant set forth in Section 2 2.5 shall terminate and be of no further force or effect upon the consummation of the sale of securities pursuant to a bona fide, firmly underwritten public offering of shares of common stock, registered under the Act, resulting in proceeds to the Company of at least $25,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (Theravance Inc)

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