Common use of Termination of Covenants Clause in Contracts

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 11 contracts

Samples: Adoption Agreement (Continental Grain Co), Adoption Agreement (RiverRoad Capital Partners, LLC), Adoption Agreement (Sagrera Ricardo A.)

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Termination of Covenants. The covenants set forth in this Section 5, except for 7 (other than Section 5.6, 7.7) shall terminate and be of no further force or effect upon (ia) immediately before the consummation of a Qualified IPO, or (b) upon the IPO or the closing consummation of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstshall first occur.

Appears in 7 contracts

Samples: Shareholders’ Agreement, Share Purchase Agreement (Momo Inc.), Shareholders’ Agreement (Momo Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the closing of a SPAC Transaction Exchange Act, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 7 contracts

Samples: Rights Agreement (Trevi Therapeutics, Inc.), Investors’ Rights Agreement (Kindara, Inc.), Voting Agreement (Ovid Therapeutics Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the closing of a SPAC Transaction Exchange Act, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 6 contracts

Samples: Investors’ Rights Agreement (KnowBe4, Inc.), Investors’ Rights Agreement (KnowBe4, Inc.), Investors’ Rights Agreement (C4 Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the closing of a SPAC Transaction Exchange Act, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 6 contracts

Samples: Investors’ Rights Agreement (Sequoia Vaccines, Inc.), Investors’ Rights Agreement (Applied Therapeutics Inc.), Investors’ Rights Agreement (Applied Therapeutics Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsection 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the closing of a SPAC Transaction Exchange Act, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 6 contracts

Samples: Investors’ Rights Agreement (Galera Therapeutics, Inc.), Investors’ Rights Agreement (Galera Therapeutics, Inc.), Investors’ Rights Agreement (Galera Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the closing of a SPAC Transaction Exchange Act, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 5 contracts

Samples: Investors’ Rights Agreement (Immuneering Corp), Investors’ Rights Agreement (Elevation Oncology, Inc.), Investors’ Rights Agreement (Immuneering Corp)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsection 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 5 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or IPO, (ii) upon when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the Exchange Act, or (iii) immediately before a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 4 contracts

Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Evelo Biosciences, Inc.), Investors’ Rights Agreement (Evelo Biosciences, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the closing of a SPAC Transaction Exchange Act, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 4 contracts

Samples: Rights Agreement (Cyteir Therapeutics, Inc.), Investors’ Rights Agreement (Sera Prognostics, Inc.), Investors’ Rights Agreement (Cyteir Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the Qualified IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Qualified Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 4 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsections 5.5, 5.6, 5.7 and 5.8 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon the consummation of a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Poseida Therapeutics, Inc.), Investors’ Rights Agreement (Poseida Therapeutics, Inc.), Investors’ Rights Agreement (Poseida Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstQualified Public Offering.

Appears in 4 contracts

Samples: Rights Agreement (Super League Gaming, Inc.), Investors’ Rights Agreement (Super League Gaming, Inc.), Rights Agreement (Super League Gaming, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.4 through 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the closing of a SPAC Transaction Exchange Act, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 4 contracts

Samples: Investors’ Rights Agreement (Tempus AI, Inc.), Investors’ Rights Agreement (Tempus Labs, Inc.), Investors’ Rights Agreement (Tempus Labs, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 3 contracts

Samples: Rights Agreement, ’ Rights Agreement (Ra Pharmaceuticals, Inc.), ’ Rights Agreement (Ra Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 56, except for Section 5.6Subsections 6.4, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Morphic Holding, Inc.), Investors’ Rights Agreement (Morphic Holding, Inc.), Investors’ Rights Agreement (Morphic Holding, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.7, shall terminate and be of no further force or effect upon (ia) immediately before the consummation of a Qualifying Public Offering (as defined in the IPO or the closing of a SPAC Transaction Restated Certificate), or (iib) upon a Deemed Liquidation Event, Event (as such term is defined in the Restated Certificate) other than a Deemed Liquidation Event pursuant to Article Fourth, Section C(3)(e)(i)(B) of the Restated Certificate, whichever event occurs firstshall first occur.

Appears in 3 contracts

Samples: Joinder Agreement, Joinder Agreement (Carbon Black, Inc.), Joinder Agreement (Carbon Black, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate upon and be of no further force or and effect after the earliest to occur of: (ia) immediately before the closing of the Company’s Initial Public Offering and (b) the consummation of the IPO a Liquidation Event or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 3 contracts

Samples: Rights Agreement (Castle Biosciences Inc), Investors’ Rights Agreement (Castle Biosciences Inc), Investors’ Rights Agreement (Castle Biosciences Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.9, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or IPO, (ii) upon the closing of a Deemed Liquidation Event, as such term is defined in the Restated Certificate, (iii) upon the closing of any other Sale of the Company (as defined in the Voting Agreement) whichever event occurs first, or (iv) upon the liquidation of the Company.

Appears in 3 contracts

Samples: Rights Agreement, Investors’ Rights Agreement (Allena Pharmaceuticals, Inc.), Investors’ Rights Agreement (Allena Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.9, 5.11 and 5.14, shall terminate and be of no further force or effect (ia) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified IPO, or (iib) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateArticles, whichever event occurs first.

Appears in 3 contracts

Samples: Rights Agreement, Investors’ Rights Agreement (BeiGene, Ltd.), Investors’ Rights Agreement (BeiGene, Ltd.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateAmended Articles, whichever event occurs first.

Appears in 3 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.610, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (Mineralys Therapeutics, Inc.), Investors’ Rights Agreement (Mineralys Therapeutics, Inc.), Investors’ Rights Agreement (Mineralys Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 6 shall terminate upon and be of no further force or and effect after the earliest to occur of: (ia) immediately before the closing of the Company’s Initial Public Offering and (b) the consummation of the IPO a Liquidation Event or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 3 contracts

Samples: Rights Agreement (Castle Biosciences Inc), Investors’ Rights Agreement (Castle Biosciences Inc), Investors’ Rights Agreement (Castle Biosciences Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.9 and 5.10, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction QIPO; or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 3 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, 5 (except for Section 5.6), shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Company’s Restated Certificate, whichever event occurs first.

Appears in 2 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, 5 (except for Section 5.65.9 hereof, which shall terminate in accordance with Section 5.9(g)) shall terminate and be of no further force or effect upon the earliest to occur of (i) immediately before but subject to the consummation of the an IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Ayala Pharmaceuticals, Inc.), Investors’ Rights Agreement (Ayala Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.5 , 5.8 and 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or IPO, (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Lexeo Therapeutics, Inc.), Investors’ Rights Agreement (Lexeo Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 54, except for Section 5.64.3, shall terminate and be of no further force or effect (i) immediately before the upon consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Spring Street Partners Lp), Investors’ Rights Agreement (Diligent Board Member Services, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsections 5.5 and 5.6, shall terminate and be of no further force or effect (ia) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (iib) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Praxis Precision Medicines, Inc.), Rights Agreement (Praxis Precision Medicines, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsections 5.5 and 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstIPO.

Appears in 2 contracts

Samples: Investor Rights Agreement (Actuate Therapeutics, Inc.), Investor Rights Agreement (Actuate Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO; or (ii) upon a Deemed Liquidation Sale Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Spero Therapeutics, Inc.), Investors’ Rights Agreement (Spero Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Sections 5.6, 5.7 and 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (AbSci Corp), Investors’ Rights Agreement (AbSci Corp)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsection 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or (ii) the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined Change in the Restated CertificateControl, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (Deciphera Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCharter, whichever event occurs first.

Appears in 2 contracts

Samples: Rights Agreement (Proteon Therapeutics Inc), Rights Agreement (Proteon Therapeutics Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstIPO.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (M&m Media, Inc.), Investors’ Rights Agreement (M&m Media, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsections 5.2 through 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.10 and 5.11, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction QIPO; or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, except for 5.1 (other than Section 5.6, 5.1(i)) shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction an IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

Samples: Stockholders’ Agreement, Stockholders’ Agreement (G1 Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or upon the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstCompany’s Qualified IPO.

Appears in 2 contracts

Samples: Rights Agreement, Investors’ Rights Agreement (Sonos Inc)

Termination of Covenants. The covenants set forth in this Section 5Sections 5.2, except for Section 5.6, 5.3 and 5.9 shall terminate and be of no further force or effect (i) immediately before the consummation of the Qualified IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany's Certificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Cerecor Inc.), Investors' Rights Agreement (Cerecor Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.6 and 5.9, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (ArriVent Biopharma, Inc.), Investors’ Rights Agreement (ArriVent Biopharma, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.8, shall terminate and be of no further force or effect upon the earliest to occur of (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or Qualified Public Offering; (ii) the Trading Date and (iii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the a Qualified IPO or the closing of a SPAC Transaction or (ii) upon a Liquidation Event or a Deemed Liquidation Event, as each such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: ’ Rights Agreement (Cloudflare, Inc.), ’ Rights Agreement (Cloudflare, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified Public Offering or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Eleven Biotherapeutics, Inc.), Investors’ Rights Agreement (Eleven Biotherapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.6 and Section 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Artiva Biotherapeutics, Inc.), Investors’ Rights Agreement (Artiva Biotherapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.6 or 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or IPO; (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation; or (iii) upon the consummation of a SPAC Transaction, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (CARGO Therapeutics, Inc.), Investors’ Rights Agreement (CARGO Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (89bio, Inc.), Rights Agreement

Termination of Covenants. The covenants set forth in this Section 5, except for Section Sections 5.6, 5.7 and 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Feel the World, Inc.), Investors’ Rights Agreement (Taysha Gene Therapies, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.2, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified Public Offering, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Lulu's Fashion Lounge Holdings, Inc.), Investors’ Rights Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Longboard Pharmaceuticals, Inc.), Investors’ Rights Agreement (Longboard Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the a Qualified IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Weave Communications, Inc.), Investors’ Rights Agreement (Weave Communications, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.8 and5.9, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstIPO.

Appears in 2 contracts

Samples: Investor Rights Agreement (DeepPower, Inc.), Investor Rights Agreement (CancerVAX, Inc.)

Termination of Covenants. The covenants set forth in this Section 56 (other than Section 6.1, except for Section 5.6, 6.6 and Section 6.8) shall terminate and be of no further force or effect upon (ia) immediately before the consummation of Qualified IPO, or (b) upon the IPO or the closing consummation of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Articles, whichever event occurs firstshall first occur.

Appears in 2 contracts

Samples: Preferred Share Purchase Agreement, Preferred Share Purchase Agreement (JIAYUAN.COM International LTD)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.7, shall terminate and be of no further force or effect (ia) immediately before the consummation of the IPO or the closing of a SPAC Transaction or IPO, (iib) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, or (c) a transfer of not less than 50% of the voting securities of the Company to one Person who is not an existing Holder in a single transaction, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Kiromic Biopharma, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect upon the earlier of (i) immediately before the consummation of the a Qualified IPO or the closing of a SPAC Transaction or and (ii) the date on which the Lender ceases to hold at least 20% of the principal amount of the Note or Shares issued upon a Deemed Liquidation Event, as conversion thereof or Synutra Shares transferred upon exchange therefrom; provided that nothing in this Section 5.9 shall be deemed to release any Party from any liability for any breach of this Section prior to the effective date of such term is defined in the Restated Certificate, whichever event occurs firsttermination.

Appears in 1 contract

Samples: Note Purchase Agreement (Zhang Liang)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified Public Offering, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Nephros Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.5, 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of a Qualified IPO (as defined in the IPO or the closing Certificate of a SPAC Transaction Incorporation), or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Turnstone Biologics Corp.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, shall terminate and be of no further force or effect upon the earlier of (i) the date immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation EventQualified IPO, as such term is defined in the Restated CertificateCertificate of Incorporation or (ii) the date of a Deemed Liquidation Event (provided that if the occurrence of a Deemed Liquidation Event was waived under the Certificate of Incorporation, whichever event occurs firsta Deemed Liquidation Event shall not be deemed to occur for purposes of this provision).

Appears in 1 contract

Samples: Investors’ Rights Agreement (Tactile Systems Technology Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstQualified IPO.

Appears in 1 contract

Samples: Adoption Agreement (Planet Technologies, Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Cava Group, Inc.)

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Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.1, 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateEvent (other than an Asset Sale), whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Bolt Biotherapeutics, Inc.)

Termination of Covenants. The Except for the covenant set forth in Section 5.7, the covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect upon the earliest to occur of any of the following: (i) an agreement in writing by the Company, the Investor and the Key Holder; (ii) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified Public Offering or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstArticles.

Appears in 1 contract

Samples: Investors' Rights Agreement (Duoyuan Global Water Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.10, shall terminate and be of no further force or effect (ia) immediately before the consummation of the Qualified IPO or the closing of a SPAC Transaction or (iib) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Vera Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.5, 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Candel Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Stockholders’ Rights Agreement (1427702 B.C. LTD)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsection 5.6, shall terminate and be of no further force or effect upon the earlier to occur of: (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstCompany’s Certificate of Incorporation.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Amylyx Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.9, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon the consummation of a Deemed Liquidation Event, as such term is defined and applied in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Cytek BioSciences, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the an IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Company’s Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investor Rights Agreement (Cloudera, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5.1 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction an IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Stockholders Agreement (G1 Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.7 and 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction an IPO, or (iiiii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Kempharm, Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.7, and 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Good Earth Organics, Inc.)

Termination of Covenants. The covenants set forth in this Section 54, except for Section 5.64.4, shall terminate and be of no further force or effect (i) immediately before the consummation of the an IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateArticles, whichever event occurs first.

Appears in 1 contract

Samples: Investor Rights Agreement (Ichor Holdings, Ltd.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Azitra Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.7, 5.8 and 5.9, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateArticles of Incorporation, whichever event occurs first.

Appears in 1 contract

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsection 5.6, shall terminate and be of no further force or effect (ia) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (iib) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Praxis Precision Medicines, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Sections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, Event (as such term is defined in the Restated CertificateCertificate of Incorporation), whichever event occurs first.

Appears in 1 contract

Samples: Adoption Agreement (Ondas Holdings Inc.)

Termination of Covenants. The covenants set forth in Sections 2, 3 and 5 of this Section 5, except for Section 5.6, Agreement shall terminate be terminated and be of no further force or effect upon the earliest to occur of (ia) immediately before a Qualified IPO or (b) the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Shareholders Agreement (E-Commerce China Dangdang Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or Qualified IPO, (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation or (iii) upon the consummation of a Qualified SPAC Transaction, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (CinCor Pharma, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.7 and 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstIPO.

Appears in 1 contract

Samples: Investors’ Rights Agreement (AN2 Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect upon (ia) immediately before the consummation of the a Qualified IPO or the closing of a SPAC Transaction or and (iib) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstCharter.

Appears in 1 contract

Samples: Investor Rights Agreement (LogMeIn, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Life Spectacular, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, 5 shall terminate and be of no further force or effect (i) immediately before the Regulation A Consummation or the consummation of the IPO or the closing of a SPAC Transaction Qualified IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in when the Restated Certificate, whichever event occurs firstCompany first becomes subject to the periodic reporting requirements of the Exchange Act.

Appears in 1 contract

Samples: Investors' Rights Agreement (Coherix Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.4, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified Public Offering or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation (as amended and/or restated from time to time), whichever event occurs first.

Appears in 1 contract

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsections 5.6, 5.7 and 5.8, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Alx Oncology Holdings Inc)

Termination of Covenants. The All of the covenants set forth in this Section 5, except for Section 5.6Subsections 5.7, 5.8 and 5.9, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (TScan Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsection 5.4, shall terminate and be of no further force or effect (i) immediately before upon the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investor Rights Agreement (OptimizeRx Corp)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Pliant Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstIPO.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Neos Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.8 and 5.9, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified Merger or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateTransaction, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Olema Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, shall terminate and be of no further force for or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction Initial Offering, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investor Rights Agreement (BigCommerce Holdings, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Company’s Third Amended and Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (CoLucid Pharmaceuticals, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.5 and 5.7, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCertificate of Incorporation, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Aligos Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.7, shall terminate and be of no further force or effect upon the earlier of (ia) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (iib) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Rights Agreement (Luca Technologies Inc)

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 1 contract

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.65.5, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction IPO, or (ii) upon a Deemed Liquidation EventEvent described in Article Fourth, as such term is defined in Part B, Section 2.3.1(a) of the Restated Certificate, whichever event occurs first.

Appears in 1 contract

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsections 5.5 and 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction Qualified IPO, or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Black Diamond Therapeutics, Inc.)

Termination of Covenants. The covenants set forth in this Section 5, except for Section Subsections 5.5 and 5.6, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated CertificateCompany’s Certificate of Incorporation, whichever event occurs first.

Appears in 1 contract

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

Termination of Covenants. The covenants set forth in this Section 5, except for Section 5.6Subsections 5.6 and 5.7, shall terminate and be of no further force or effect (i) immediately before the earlier to occur of the consummation of the IPO or the closing of a SPAC Transaction or (ii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Alto Neuroscience, Inc.)

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