Common use of Termination of Certain Covenants Clause in Contracts

Termination of Certain Covenants. The covenants set forth in 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 $4,000,000.

Appears in 2 contracts

Samples: Agreement (HouseValues, Inc.), Agreement (HouseValues, Inc.)

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Termination of Certain Covenants. The covenants set forth in Sections 2.4 and 2.5 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, 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 $4,000,00025,000,000.

Appears in 2 contracts

Samples: Rights Agreement (Lets Talk Cellular & Wireless Inc), Sale Agreement (Lets Talk Cellular & Wireless Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 2.4, 2.6, 2.7 and 2.5 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, at an offering price of at least $4.00 per share (appropriately adjusted for any stock split, dividend, combination or other recapitalization) and resulting which results in proceeds to the Company of at least $4,000,00020,000,000 or as provided under applicable law.

Appears in 1 contract

Samples: Rights Agreement (Youcentric Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 2.4, 2.5 and 2.5 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 $4.00 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 $4,000,00020 million.

Appears in 1 contract

Samples: Rights Agreement (Summit Design Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 2.4, 2.5 and 2.5 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, 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 $4,000,00030,000,000 in the aggregate (before deducting underwriting discounts, commissions or expenses).

Appears in 1 contract

Samples: Rights Agreement (DemandTec, Inc.)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 2.4, 2.5, 2.6, 2.7, 2.8 and 2.5 2.9 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 7.53 per share (appropriately as adjusted for any stock split, dividend, combination or other combination, recapitalization, reorganization and the like) and resulting in gross proceeds (net of underwriting discounts and commission) to the Company of at least $4,000,00030 million.

Appears in 1 contract

Samples: Rights Agreement (Stanford Microdevices Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 and 2.5 Section 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, at an offering price acquisition 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 by another entity by means of at least $4,000,000any 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)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 3.2 and 2.5 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, 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 Securities Purchase Agreement are held by the Company of at least $4,000,000Investors.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mindarrow Systems Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 and 2.5 through Section 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, at an offering price Act in which all shares of at least $4.00 per share (appropriately adjusted for any stock split, dividend, combination the Company's outstanding Preferred Stock have been or other recapitalization) and resulting in proceeds to are converted into shares of the Company of at least $4,000,000Company's Common Stock.

Appears in 1 contract

Samples: Investors' Rights Agreement (Anda Networks Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 and 2.5 through Section 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, at an offering price Act in which all shares of at least $4.00 per share (appropriately adjusted for any stock split, dividend, combination the Company’s outstanding Preferred Stock have been or other recapitalization) and resulting in proceeds to are converted into shares of the Company of at least $4,000,000Company’s Common Stock.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Anda Networks Inc)

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Termination of Certain Covenants. The covenants covenant set forth in Sections 2.4 and Section 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 $4,000,000.

Appears in 1 contract

Samples: Investors' Rights Agreement (Theravance Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 and 2.5 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, at an offering price of at least $4.00 5.00 per share (appropriately adjusted for any stock split, dividend, combination or other recapitalization) and resulting in with aggregate gross proceeds to the Company of at least $4,000,0005,000,000.

Appears in 1 contract

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

Termination of Certain Covenants. The covenants set forth in Sections Section 2.4 and 2.5 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 $4.00 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 $4,000,00015,000,000.

Appears in 1 contract

Samples: Rights Agreement (Fairmarket Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 and Section 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 $4,000,000.

Appears in 1 contract

Samples: Rights Agreement (Advanced Medicine Inc)

Termination of Certain Covenants. The covenants set forth in Sections 2.4 2.5, 2.7, 2.8 and 2.5 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 the Act, at an offering price of at least shall be for not less than $4.00 9.00 per share (appropriately adjusted for any stock split, dividend, combination or other recapitalization) and resulting $20,000,000 in proceeds to the Company of at least $4,000,000aggregate."

Appears in 1 contract

Samples: ' Rights Agreement (Saleslogix Corp)

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