Common use of Termination of Covenants Clause in Contracts

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company and the Investors contained in Section 3 I and Section II of this Agreement shall expire and terminate as to each Investor on upon the effective date of the registration statement pertaining to the Initial Offering.earliest of,

Termination of Covenants. All covenants of the Company contained in this Section 3 of this Agreement shall expire and terminate as to each Investor on or Holder of Registrable Securities, as applicable, upon the earlier of (a) the effective date of the registration statement pertaining to the Initial OfferingOffering or (b) upon a Change in Control.

Termination of Covenants. All Except for the covenants set forth in Sections 3.4, 3.8 and 3.11, all covenants of the Company and its Subsidiaries contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the Investors upon the effective date of the registration statement pertaining to the Initial first Qualified Public Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 4 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3, 3.6, 3.17 and 3.19) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified Public Offering or (ii) upon an “Acquisition” as defined in the Initial OfferingCharter.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3, 3.6 and 3.9) shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial upon a Qualified Public Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 (other than the provisions of this Agreement Section 3.4) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon the Initial Offeringconsummation of an “Acquisition” or an “Asset Transfer”, as each as defined in and approved in accordance with the terms of the Restated Charter.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on and Holder upon the earliest of (i) the effective date of the registration statement pertaining to the an Initial Offering, (ii) the effective date of the registration statement pertaining to a Direct Listing or (iii) upon an “Acquisition” as defined in the Company’s Certificate of Incorporation as in effect as of the date hereof.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the first firm commitment underwritten registration statement pertaining filed by the Company for an offering of its Common Stock under the Securities Act, as a result of which, the Company is subject to the Initial Offeringreporting requirements under the Exchange Act, or (ii) upon an “Acquisition” as defined in the Company’s Certificate of Incorporation as in effect as of the date hereof.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Company’s first Qualified Public Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement other than the provisions of Section 3.3 (and which obligations of each Investor to the Company under Section 3.3 shall survive), shall expire and terminate as to each Investor on upon the earlier of (a) the effective date of the registration statement pertaining to a Qualified Initial Offering or a Registration Statement (as defined in the Initial OfferingPurchase Agreement), or (b) upon a Liquidation Event (as defined in the Charter).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the effective date of the registration statement pertaining to the Initial OfferingOffering which results in the Preferred Stock being converted into Common Stock.

Termination of Covenants. All Except for the covenants set forth in Sections 3.4, 3.5 and 3.10, all covenants of the Company and its Subsidiaries contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to Investors upon the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3, and 3.6 and 3.9) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon an “Acquisition” as defined in the Initial OfferingCompany’s Certificate of Incorporation as in effect as of the date hereof.

Termination of Covenants. All Unless otherwise specified, all covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3 and 3.8) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified IPO or (ii) upon a “Deemed Liquidation Event” (as defined in the Initial OfferingCompany’s Certificate of Incorporation as in effect from time to time).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall (other than the provisions of Section 3.1 and 3.3) will expire and terminate as to each Founding Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon a Liquidation Event, Acquisition or Asset Transfer (in each case as defined in the Initial OfferingCompany’s Certificate of Incorporation as such may be amended from time to time).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3, 3.8 and 3.9) shall expire and terminate as to each Investor on upon the effective date of the registration statement pertaining to the Initial Qualified Offering.

Termination of Covenants. All covenants of the Company Corporation contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to the an Initial Offering, (ii) winding up of the Company, or (iii) an “Acquisition” as defined in the Certificate .

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3 and 3.7) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified IPO or (ii) upon an Acquisition (as defined in the Initial OfferingCharter).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the effective date of the registration statement pertaining to the Qualified Initial OfferingOffering or upon the closing of an Acquisition or Asset Transfer. For purposes of this Agreement, “Acquisition” and “Asset Transfer” shall have the meanings given them in the Company’s Amended and Restated Certificate of Incorporation.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3 and 3.6) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of a Qualified IPO (as defined in the registration statement pertaining to Charter) or (ii) upon an Acquisition (as defined in the Initial OfferingCharter).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.to

Termination of Covenants. All covenants of the Company contained in Section 3 Article III of this Agreement shall expire and terminate as to each Investor on Purchaser after the effective date time of effectiveness of the registration statement pertaining to Company's first firm commitment underwritten public offering registered under the Initial OfferingSecurities Act.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon an “Acquisition,” as defined in the Initial OfferingCompany’s Certificate of Incorporation as in effect as of the date hereof, which is approved by a majority of the holders of the Shares pursuant to Section 2(c)(iv) of Part D of Article IV thereof (if applicable).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified Offering or (ii) upon an “Asset Transfer” or “Acquisition”, each as defined in the Initial OfferingAmended and Restated Company’s Certificate of Incorporation as in effect as of the date hereof (a “Change of Control”).

Termination of Covenants. All covenants of the Company contained in Section 3 Article III of this Agreement shall expire and terminate as to each Investor and the Founders on the effective date Effective Date of the registration statement pertaining to Company's first firm commitment underwritten public offering registered under the Initial OfferingSecurities Act.

Termination of Covenants. All covenants of the Company contained in this Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.2 and 3.4) shall expire and terminate as to each Investor on upon the effective date earlier of the registration statement pertaining (a) immediately prior to the Initial Offeringclosing of a Qualified IPO or (b) upon the closing of a Corporation Reorganization.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3, 3.6, 3.9 and 3.12) shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial upon a Qualified Public Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3 and 3.9) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified Public Offering, or (ii) an “Acquisition” (as defined in the Initial OfferingRestated Charter) that is approved by the “Requisite Holders” (as defined in the Restated Charter); provided, that the consideration received pursuant to such Acquisition shall be cash or marketable securities.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor Holder on the effective date closing of the registration statement pertaining Initial Offering at such time as the Company is otherwise subject to the Initial Offeringprovisions of the Securities Exchange Act of 1934, as amended.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified Public Offering or (ii) upon an “Acquisition” as defined in the Initial OfferingCompany’s Certificate of Incorporation as in effect as of the date hereof.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to the Initial Offering or (ii) upon an Acquisition or Asset Transfer (each as defined in the Charter); provided, that the Company’s obligation to maintain director and officer liability insurance under Section 3.9 hereof shall not terminate upon the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3, 3.6, 3.9 and 3.14) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified IPO or (ii) upon an Acquisition (as defined in the Initial OfferingRestated Charter as in effect as of the date hereof).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3, 3.6 and 3.8) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering that results in the Initial OfferingPreferred Units being converted into Common Units or (ii) upon an “Acquisition” as defined in the LLC Agreement as in effect as of the date hereof.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3 and 3.7) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon an “Asset Transfer” or “Acquisition”, each as defined in the Initial OfferingRestated Certificate.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section Article 3 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Article III (other than Section 3 3.3) of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each the Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on Holder upon the effective date that the Company first becomes subject to the reporting obligations of the registration statement pertaining to the Initial Offering1934 Act.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than Section 3.5) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to the Initial OfferingOffering or (ii) upon a Change of Control of the Company.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3, 3.9 and 3.13) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to the Initial Offeringa Qualified IPO or (ii) upon an Acquisition.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor the Series D-E Holder on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 4 of this Agreement shall expire and terminate as to each Investor Investor, Xxxxxx, Nova Scotia, Harpeth and UA on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to the Initial Offering or (ii) upon an Acquisition or Asset Transfer (each as defined in the Charter); provided, that the Company’s obligation to maintain director and officer liability insurance under Section 3.10 hereof shall not terminate upon the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date closing of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on Purchaser after the effective date time of effectiveness of the registration statement pertaining to Company's first firm commitment underwritten public offering registered under the Initial OfferingSecurities Act.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall will expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial a Qualified Public Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on Holder upon the effective date earlier of the registration statement pertaining to the Initial Offeringclosing of (i) a Qualified Public Offering or (ii) a Sale Transaction.

Termination of Covenants. All With the exception of Section 3.10 hereof, all covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the effective date effectiveness of the registration statement pertaining to the Initial Public Offering; provided, however, that the covenants set forth in Section 3.1(e) will expire three (3) years after the closing of the Company's Initial Public Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement Agreement, except for that set forth in Section 3.13(iv), shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the earlier of (i) the consummation of the PMR Merger and (ii) the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement Agreement, except for that set forth in Sections 3.10, 3.11 and 3.13(iv), shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All The covenants of the Company contained in Section 3 Sections 3.1 and 3.2 of this Agreement shall expire and terminate as to each Investor on Purchaser upon the effective earlier of: (i) the date that the Company first becomes subject to the reporting obligations of the registration statement pertaining 1934 Act; or (ii) the closing of the Company's Initial Offering; the covenants of the Company contained in Section 3.5 and 3.6 of this Agreement shall expire and terminate as to each Purchaser upon the closing of the Company's Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3 and 3.9) shall expire and terminate as to the Company and each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified Public Offering or (ii) upon a Liquidation Event, Asset Transfer or Acquisition (each as defined in the Initial OfferingCompany’s Restated Charter).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3 and 3.7) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon an “Acquisition” (as defined in the Initial OfferingAmended Charter).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon an “Acquisition” as defined in the Initial OfferingCompany’s Certificate of Incorporation as in effect as of the date hereof.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon an “Asset Transfer” or “Acquisition”, (each, a “Change of Control”) as each is defined in the Initial OfferingCompany’s Amended and Restated Certificate of Incorporation as in effect as of the date hereof.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.2) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon any event deemed to be a liquidation pursuant to the Initial OfferingRestated Articles, as in effect from time to time (each such transaction, a “Change in Control”).

Termination of Covenants. All (a) Except as otherwise provided in Section 3.11(b), all covenants of the Company contained in this Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering, except that the covenants contained in Section 3.1(b) and (c) of this Agreement shall continue after such effective date with respect to each Major Investor given such right in such Section.

Termination of Covenants. All covenants of the Company contained in Section 3 4 of this Agreement shall expire and terminate as to each Investor Investor, Xxxxxx, Nova Scotia and UA on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 Article III of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the effective date earlier of (i) the registration of the registration statement pertaining to Registrable Securities, or (ii) in the Initial Offeringevent of an Acquisition or Asset Transfer (each as defined in the Articles).

Termination of Covenants. All covenants of the Company contained in Section 3 Article III of this Agreement shall expire and terminate as to each the Investor on after the effective date time of effectiveness of the registration statement pertaining to the Company's Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement other than the provisions of Section 3.7 and 3.11 shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon a “Liquidation Event” as defined in the Initial OfferingCompany’s Certificate of Incorporation as in effect from time to time.

Termination of Covenants. All covenants of the Company contained in Section 3 4 of this Agreement (other than Section 4.5) shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the effective date earlier of (i) such time as the Company becomes subject to the reporting provisions of the registration statement pertaining Exchange Act, or (ii) the consummation of an Acquisition or Asset Transfer, each as defined in the Company’s Amended and Restated Certificate of Incorporation, as amended from time to the Initial Offeringtime.

Termination of Covenants. All Unless such covenants expire pursuant to their terms, all covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3 and 3.6) shall expire and terminate as to each Investor on upon the earlier of (a) the effective date of a Qualified IPO, or (b) upon a Sale Event (as defined in the registration statement pertaining to the Initial OfferingCertificate).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (except those contained in Sections 3.4; and those contained in Section 3.8, which Section 3.8 covenants shall expire on the second anniversary of the effective date of the Initial Offering) shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3, 3.4 and 3.7) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to the an Initial OfferingOffering or (ii) upon an Acquisition.

Termination of Covenants. All The covenants of the Company contained in Section 3 of this Agreement Sections 3.1 and 3.2 shall expire and terminate as to each Investor on upon the earlier to occur of (i) the effective date of the registration statement pertaining to the Initial Offering., (ii) the Company becomes subject to the reporting provisions of the Exchange Act, or (iii) a

Termination of Covenants. All Unless otherwise specified, all covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3, 3.7, 3.8, 3.14, and 3.15) shall expire and terminate as to each Investor on upon the earliest of (i) the effective date of the registration statement pertaining to the Initial Offering.an initial public offering that results in the

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor Holder on the effective date closing of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than Section 3.6) shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Qualified Public Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on the effective date earlier of (i) the registration statement pertaining to the closing of an Initial Offering; and (ii) the closing of an Acquisition or Liquidation Event (as such terms are defined in the Amended and Restated Certificate of Incorporation).

Termination of Covenants. All covenants of the Company contained in Section 3 Article III of this Agreement (with the exception of Section 3.4 and 3.5) shall expire and terminate as to each Investor on the Investors upon the earlier of (i) the effective date of the registration statement pertaining to the Initial OfferingPublic Offering or (ii) a Sale of the Company.

Termination of Covenants. All covenants of the Company contained in Section 3 Article III of this Agreement shall expire and terminate as to each the Investor on the effective date Effective Date of the registration statement pertaining to the Initial OfferingIPO.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Sections 3.3, 3.8 and 3.14) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified IPO or (ii) upon an Acquisition or Asset Transfer (each as defined in the Initial OfferingRestated Charter).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the effective date closing of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 Sections 2.1 and 2.2 of this Agreement shall expire and terminate as to each Investor on Holder immediately after the effective date of the registration statement pertaining to the Company's Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to the Qualifying Initial OfferingOffering or (ii) upon consummation of (a) a sale, lease or other disposition of all or substantially all of the assets of the Company or (b) a Change in Control; provided, however, that this Section 3.13 shall not apply to a merger effected exclusively for the purpose of changing the domicile of the Company.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3 and Section 3.10) shall expire and terminate as to each Investor on upon the earlier of: (a) the effective date of the registration statement pertaining to the Initial Offering.registration

Termination of Covenants. All covenants of the Company contained in Section 3 3.1 of this Agreement shall expire and terminate as to each Investor on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on when no shares of Mandatorily Convertible Preferred Stock are outstanding. In addition, the effective date covenants of the registration statement pertaining to Company contained in Section 3.3 shall expire and terminate upon the Initial OfferingIPO Date.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified IPO or (ii) upon an “Asset Transfer” or “Acquisition”, each as defined in the Initial OfferingCompany’s Certificate of Incorporation as in effect as of the date hereof (a “Change of Control”).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on (i) the effective date of the registration statement pertaining to the Initial OfferingQualified Public Offering (other than Section 3.9(b)) or (ii) following an Acquisition or Asset Transfer (as defined in the Company's Restated Certificate of Incorporation).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor the Series G Holder on the effective date of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 Article III of this Agreement shall expire and terminate as to each Investor on the effective date Effective Date of the registration statement pertaining to the Initial OfferingIPO.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3, 3.8 and 3.10) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an offering that results in the Initial OfferingSeries D Preferred being converted into Common Stock or (ii) upon an “Acquisition” as defined in the Company’s Amended and Restated Certificate of Incorporation as in effect as of the Effective Date hereof.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Amended and Restated Agreement shall expire and terminate as to each Investor on upon the effective date closing of the registration statement pertaining to the Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to a Qualified Public Offering or (ii) the Initial Offeringsale of all or substantially all of the assets of the Company, other than in a restructuring transaction.

Termination of Covenants. All Except for covenants in Sections 3.3 and 3.5, all covenants of the Company contained in Section 3 Article III of this Agreement shall expire and terminate as to each Investor on Shareholder immediately after the effective date time of effectiveness of the registration statement pertaining to the Company's Initial Offering.

Termination of Covenants. All covenants of the Company contained in Section 3 Sections 3.2, 3.4, and 3.5 of this Agreement shall will expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon a “Liquidation Event” (as defined in the Initial OfferingCompany’s Certificate of Incorporation).

Termination of Covenants. All covenants of the Company contained in Section 3 of this Agreement (other than the provisions of Section 3.3) shall expire and terminate as to each Investor on upon the earlier of (i) the effective date of the registration statement pertaining to an Initial Offering or (ii) upon an “Acquisition” as defined in the Initial OfferingCompany’s Amended and Restated Certificate of Incorporation as may be amended from time to time.

Termination of Covenants. All covenants of the Company contained in Section Article 3 of this Agreement (with the exception of Section 3.4) shall expire and terminate as to each Investor on the Investors upon the effective date of the registration statement Registration Statement pertaining to the Initial OfferingPublic Offering or upon the Sale of the Company.

Termination of Covenants. All covenants of the Company contained in Section 3 ------------------------ Article III of this Agreement shall expire and terminate as to each Investor on the effective date Effective Date of the registration statement pertaining to Company's first firm commitment underwritten public offering registered under the Initial OfferingSecurities Act.