Common use of TERMINATION OF CO-SALE RIGHTS Clause in Contracts

TERMINATION OF CO-SALE RIGHTS. The provisions of Section 6 of this Agreement shall not apply to sales pursuant to a registered public offering or "public" sales pursuant to Rule 144 under the Securities Act after an initial public offering.

Appears in 4 contracts

Samples: Purchasers Rights Agreement (Birch Telecom Inc /Mo), Purchasers Rights Agreement (Birch Telecom Inc /Mo), Purchasers Rights Agreement (Birch Telecom Inc /Mo)

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TERMINATION OF CO-SALE RIGHTS. The provisions of Section 6 of this Agreement shall not apply to sales pursuant to a registered public offering or "public" sales pursuant to Rule 144 under the Securities Act after the closing of a Qualifying Public Offering (or an initial public offeringIPO that is not a Qualifying Public Offering in which all of the shares of Series Preferred are converted into shares of Common Stock pursuant to the Restated Certificate).

Appears in 1 contract

Samples: Purchasers Rights Agreement (Birch Telecom Inc /Mo)

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