Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the Exchange Act, or (iii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.
Termination of Information. The covenants set forth in Section 3.1 and Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the Exchange Act, or (iii) upon the closing of a Deemed Liquidation Event, as such term is defined in the Certificate of Incorporation, whichever event occurs first; provided, that, with respect to clause (iii), the covenants set forth in Section 3.1 shall only terminate if the consideration received by the Investors in such Deemed Liquidation Event is in the form of cash and/or publicly traded securities or if the Investors receive financial information from the acquiring company or other successor to the Company comparable to those set forth in Section 3.1.
Termination of Information. The covenants set forth in Section 3.1 and Section 3.2 shall terminate and be of no further force or effect upon the Termination Date.
Termination of Information. The covenants set forth in Section 3.1 and Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of a QPO (as such term is defined in the Company’s Certificate of Incorporation, as amended from time to time), or (ii) upon a Deemed Liquidation Event, as such term is defined in the Company’s Certificate of Incorporation, as amended from time to time, whichever event occurs first.
Termination of Information. The covenants set forth in Sections 2.1 shall terminate and be of no further force or effect upon the earlier to occur of (i) the consummation of the sale of securities pursuant to a registration statement filed by the Company under the Act in connection with the firm commitment underwritten offering of its securities to the general public, (ii) when the Company first becomes subject to the periodic reporting requirements of Sections 12(g) or 15(d) of the 1934 Act, whichever event shall first occur or (iii) the consummation of a Liquidation Event, as that term is defined in the Company’s Amended and Restated Certificate of Incorporation (as amended from time to time).
Termination of Information. The covenants set forth in Section 9.1 and Section 9.2 shall terminate and be of no further force or effect immediately before the consummation of the IPO.
Termination of Information. (a) Subject to Section 3.4(b), the covenants set forth in Section 3.1, Section 3.2 and Section 3.3 shall terminate and be of no further force or effect as they apply to the Major Investors and XXXX on the earliest to occur of (i) immediately before the consummation of the Qualified IPO, (ii) on the terms and conditions set forth within such sections or (iii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the Exchange Act, whichever event occurs first.
(b) In addition, the covenants set forth in Section 3.1 and Section 3.2 shall terminate and be of no further force or effect as they apply to XXXX on the earliest to occur of (i) the merger, acquisition or consolidation of XXXX into or with any other entity or entities which results in the exchange of outstanding voting securities of XXXX for securities or other consideration issued or paid or caused to be issued or paid by any such entity or affiliate thereof pursuant to which the equity owners of XXXX immediately prior to the transaction do not own a majority of the outstanding voting securities of the surviving corporation immediately after the transaction, or any sale, lease, license (on an exclusive basis) or transfer by XXXX of all or substantially all its assets, (ii) XXXX has breached and/or is in default under that certain Amended and Restated Engineering Services Agreement dated as of October 13, 2006, as amended, by and among XXXX, GTI Ventures LLC, a Delaware limited liability company, and the Company (as successor to Xxxxx Oil LLC, a Delaware limited liability company) and such breach and/or default has not been cured within the applicable cure period, if any, (iii) XXXX institutes or has instituted against it bankruptcy or insolvency proceedings, or XXXX is liquidated, dissolved or ceases business operations, or (iv) XXXX transfers any Shares to a person or entity other than an Affiliate.
Termination of Information. 14 9.4 Confidentiality .............................................. 14
Termination of Information. Observation and Inspection Covenants. Subject to their earlier termination pursuant to the specific terms of each Section, the covenants set forth in Sections 2.1, 2.2 and 2.3 shall terminate and be of no further force or effect when the sale of securities pursuant to a registration statement filed by the Company under the Act in connection with the firm commitment underwritten offering of its securities to the general public is consummated or when the Company first becomes subject to the periodic reporting requirements of Sections 12(g) or 15(d) of the 1934 Act, whichever event shall first occur.
Termination of Information. The covenants set forth in Section 11.01 shall terminate and be of no further force or effect upon the earlier to occur of (1) the occurrence of a Significant Sale and (2) an Effective Registration.
