Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a registration statement filed with and declared effective by the SEC under the Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Tier Technologies Inc), Investors' Rights Agreement (Tier Technologies Inc)
Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section
3.1 Sections 4.1 and 4.2 above will terminate upon the earliest of (i) the closing of the Company's ’s initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the Securities Act, or (ii) the acquisition (by upon a merger, consolidation acquisition or otherwise) other business combination in which the holders of the Company where Company’s outstanding capital stock immediately prior to the transaction do not retain a majority of the voting capital stock in the surviving entity is subject to the reporting requirements of the Exchange Actcorporation.
Appears in 2 contracts
Samples: Investors' Rights Agreement, Investors’ Rights Agreement (Cafepress Inc.)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the Securities Act of 1933, as amended (the "Securities ---------- Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). ---
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Asymetrix Learning Systems Inc), Investors' Rights Agreement (Asymetrix Learning Systems Inc)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest earlier to occur of (ia) the closing of the Company's initial first public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the Securities Act of 1933, as amended (the "1933 Act"), or and (iib) the acquisition (by merger, consolidation or otherwise) of time at which the Company where the surviving entity is becomes subject to the reporting requirements of the Securities Exchange Act of 1934, as amended (the "1934 Act"), other than in connection with the Company's initial public offering.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Netscreen Technologies Inc), Investors' Rights Agreement (Netscreen Technologies Inc)
Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section
3.1 Sections 1.1, 1.2 and 1.4 above will terminate upon the earliest earlier of (ia) the closing of the Company's ’s initial public offering of Class A Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the “Securities Act, or ”) and (iib) a Deemed Liquidation Event (as defined in the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange ActRestated Certificate).
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Basis Global Technologies, Inc.), Investors’ Rights Agreement (Basis Global Technologies, Inc.)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). ---------------
Appears in 2 contracts
Samples: Investors Rights Agreement (Onsale Inc), Series B Preferred Stock Exchange Agreement (Asymetrix Learning Systems Inc)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections 1.1, 1.2 and 1.3 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) ," and with such offering being referred to herein as the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act"IPO").
Appears in 1 contract
Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's ’s initial public offering of Common Stock pursuant to a an effective registration statement filed under the U.S. Securities Act of 1933, as amended (the “Securities Act”); provided, however, that the Company shall, after such offering, deliver to Major Investors copies of its quarterly reports on Form 10-Q (or any successor form) filed with and declared effective by the SEC under (as defined below) promptly after their filing with the Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange ActSEC.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Leadis Technology Inc)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, ") or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Securities Exchange Act of 1934, as amended (the "1934 Act").
Appears in 1 contract
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 this Section will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective firmly underwritten registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). --------------
Appears in 1 contract
Samples: Investor's Rights Agreement (Marketfirst Software Inc)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Section 1.1 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").
Appears in 1 contract
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). --------------
Appears in 1 contract
Samples: Investors' Rights Agreement (Centaur Pharmaceuticals Inc)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 will Section 2.1 shall terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a registration statement filed with and declared effective by the SEC under the Securities ActAct (the "Company's Initial Public Registration"), or (ii) the acquisition (by merger, ------------------------------------- consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act.
Appears in 1 contract
Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's ’s initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the “Securities Act”), or (ii) and upon the acquisition (by merger, consolidation or otherwise) closing of a Sale of the Company where the surviving entity is subject to the reporting requirements of the Exchange ActCompany.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Bill.com Holdings, Inc.)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections l.l and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").
Appears in 1 contract
Samples: Investor Rights Agreement (Analytical Graphics Inc)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Section 1.1 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock shares pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").
Appears in 1 contract
Samples: Investor Rights Agreement (Tengtu International Corp)
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 ------------------------------- Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").
Appears in 1 contract
Samples: Investor Rights Agreement (Analytical Graphics Inc)
Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section
3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's ’s initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the “Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act”).
Appears in 1 contract
Termination of Certain Rights. The Company's obligations under ----------------------------- Section
3.1 Sections 1.1, 1.2 and 1.4 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities ActAct of 1933, or as amended (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act"SECURITIES ACT").
Appears in 1 contract