Common use of Termination of Certain Covenants Clause in Contracts

Termination of Certain Covenants. The covenants set forth in this Sections 2.1 through Section 2.11 shall terminate and be of no further force or effect upon the consummation of a Qualified Public Offering, at such time as the Company is required to file reports pursuant to Section 13 or 15(d) of the 1934 Act or upon a Liquidation Event (as defined in the Restated Certificate).

Appears in 2 contracts

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

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Termination of Certain Covenants. The covenants set forth in this these Sections 2.1 5.1 through Section 2.11 5.7 shall terminate and be of no further force or effect upon (a) the consummation of a Qualified Qualifying Public Offering; (b) upon a Deemed Liquidation Event, at as such time as term is defined in the Company’s then effective Amended and Restated Articles of Incorporation; and (c) the Company is required first becoming subject to file reports pursuant to Section 13 the periodic reporting requirements of Sections 12(g) or 15(d) of the 1934 Act or upon a Liquidation Event (as defined in the Restated Certificate)Exchange Act, whichever event shall first occur.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (ADESTO TECHNOLOGIES Corp), Investors’ Rights Agreement (ADESTO TECHNOLOGIES Corp)

Termination of Certain Covenants. The covenants set forth in this obligations of the Company under Sections 2.1 through Section 2.11 2.1, 2.2 and 2.3 hereof shall terminate and be of no further force or effect upon concurrent with the consummation effectiveness of a Qualified the Company's Initial Public Offering, at such time as or when the Company is required first becomes subject to file reports pursuant to Section 13 the periodic reporting requirements of Sections 12(g) or 15(d) of the 1934 Act or upon a Liquidation Event (as defined in the Restated Certificate)Act, whichever event shall first occur.

Appears in 2 contracts

Samples: Investors Rights Agreement (Quintus Corp), Investors Rights Agreement (Quintus Corp)

Termination of Certain Covenants. The covenants set forth of the Company contained in this Sections 2.1 4.1 through Section 2.11 4.10 shall terminate and be of no further force or effect upon at the time of and subject to the earlier of (a) the closing and funding of a Qualified Public Offering (as defined in the Certificate) or (b) the consummation of a Qualified Public Offering, at such time as the Company is required to file reports pursuant to Section 13 or 15(d) of the 1934 Act or upon a Deemed Liquidation Event (as defined in the Restated Certificate).

Appears in 1 contract

Samples: Investors’ Rights Agreement (CS Disco, Inc.)

Termination of Certain Covenants. The covenants set forth in this Sections 2.1 through Section 2.11 3.6, 3.7 and 3.8 shall terminate and be of no further force or effect upon the consummation of a (a) the Company’s Qualified Public Offering, at such time as the Company is required to file reports pursuant to Section 13 Offering or 15(d(b) of the 1934 Act or upon a Liquidation Event (other than an Asset Sale), in each case, as such terms are defined in the Restated Certificate).

Appears in 1 contract

Samples: Investors’ Rights Agreement (Singular Genomics Systems, Inc.)

Termination of Certain Covenants. The covenants set forth in this Sections 2.1 through Section 2.11 3.1, 3.2, and 3.3 shall terminate and be of no further force or effect upon the earlier to occur of (a) the consummation of a Qualified Public Offering, at as such time as term is defined in the Restated Certificate, (b) when the Company is required first becomes subject to file reports pursuant to Section 13 the periodic reporting requirements of Sections 12(g) or 15(d) of the 1934 Act or upon Act, whichever event shall first occur and (c) the consummation of a Liquidation Event (Event, as that term is defined in the Restated Certificate).

Appears in 1 contract

Samples: Investors’ Rights Agreement (Velodyne Lidar, Inc.)

Termination of Certain Covenants. The covenants set forth in this Sections 2.1 through Section 2.11 4 other than Section 4.7 shall terminate and be of no further force or effect upon the consummation of a Qualified Public Offering, at such time as the Company is required to file reports pursuant to Section 13 or 15(d) of the 1934 Act Offering or upon the consummation of a transaction or series of related transactions which are deemed to be a Liquidation Event (as defined in the Company’s Amended and Restated CertificateCertificate of Incorporation, as may be amended and/or restated from time to time).

Appears in 1 contract

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

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Termination of Certain Covenants. The covenants set forth in this Sections 2.1 3.4 through Section 2.11 3.13 shall terminate and be of no further force or effect upon immediately prior to the consummation of a Qualified Public Offering, at such time as (i) the Company is required to file reports pursuant to Section 13 Company’s Initial Offering or 15(d(ii) of the 1934 Act or upon a Liquidation Event (Event, as that term is defined in the Company’s Restated Certificate).

Appears in 1 contract

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

Termination of Certain Covenants. The Each of the covenants set forth in this Section 2 (with the exception of the covenants set forth in Sections 2.1 through Section 2.11 2.8 and 2.9, which shall survive termination) shall terminate as to each Holder and be of no further force or effect upon the consummation of a Qualified Public Offering, at such time as when the Company is required first becomes subject to file reports pursuant to Section the periodic reporting requirements of Sections 13 or 15(d) of the 1934 Securities Exchange Act or upon a Liquidation Event of 1934, as amended (as defined and any successor thereto) and the rules and regulations promulgated thereunder (the “Exchange Act”), if this occurs earlier than the events described in the Restated Certificate)Section 4.1.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Upstart Holdings, Inc.)

Termination of Certain Covenants. The covenants set forth in this Sections 2.1 through Section 2.11 Subsection 3.1, Subsection 3.2, Subsection 3.3, Subsection 3.4 and Subsection 3.5 shall terminate and be of no further force or effect upon (i) immediately before the consummation of a Qualified Public Offeringthe IPO, at such time as (ii) when the Company is required first becomes subject to file reports pursuant to the periodic reporting requirements of Section 13 12(g) or 15(d) of the 1934 Act Exchange Act, or (iii) upon a Deemed Liquidation Event (Event, as such term is defined in the Restated Certificate), whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Surface Oncology, Inc.)

Termination of Certain Covenants. The covenants set forth in this Sections 2.1 through Section 2.11 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, and 2.10, shall terminate and be of no further force or effect upon the consummation of (a) a Qualified Public OfferingOffering (as that term is defined in the Restated Certificate), at such time (b) a Liquidation Event (as that term is defined in the Restated Certificate), or (c) when the Company is required first becomes subject to file reports pursuant to the periodic reporting requirements of Section 13 12(g) or 15(d) of the 1934 Act or upon a Liquidation Event (as defined in the Restated Certificate)Act.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Freshworks Inc.)

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