Termination of Information and Inspection Covenants. The covenants set forth in Section 3.1 and Section 3.2 shall terminate and be of no further force or effect (i) immediately prior to the consummation of the IPO or a SPAC Transaction, (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 where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs first.
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Samples: Investors’ Rights Agreement (Fractyl Health, Inc.), Investors’ Rights Agreement (Fractyl Health, Inc.)
Termination of Information and Inspection Covenants. The covenants set forth in Section 3.1 and Section 3.2 3(a) shall terminate and be of no further force or effect (i) immediately prior to the consummation earliest to occur of (i) the closing of the IPO or a SPAC TransactionQualified IPO, (ii) the time when the Company first becomes subject to the periodic reporting requirements of Section Sections 12(g) or 15(d) of the Exchange 1934 Act, or (iii) upon the closing of a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs first.or
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Kodiak Sciences Inc.), Investors’ Rights Agreement (Kodiak Sciences Inc.)
Termination of Information and Inspection Covenants. The --------------------------------------------------- covenants set forth in Section 3.1 Sections 2.1 and Section 3.2 2.2 shall terminate and be of no further force or effect upon the earlier of (iA) immediately prior to the consummation first closing of the IPO or a SPAC TransactionQualifying IPO, (iiB) when the Company first becomes becoming subject to the periodic reporting requirements of Section Sections 12(g) or 15(d) of the Exchange Act, 1934 Act or (iiiC) upon the closing of after a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs firstQualifying Acquisition.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Dovebid Inc), Investors' Rights Agreement (Dovebid Inc)
Termination of Information and Inspection Covenants. The --------------------------------------------------- covenants set forth in Section 3.1 Sections 11.1 and Section 3.2 11.2 shall terminate as to each Holder and be of no further force or effect immediately upon the earliest of (ia) immediately prior to the consummation of an IPO; (b) at such time as the IPO Holder fails to own the Requisite Minimum Shares; or a SPAC Transaction, (iic) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or and 15(d) of the Exchange Act, or (iii) upon the closing of a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs first.
Appears in 2 contracts
Samples: Investors' Rights Agreement (Digital Island Inc), Investors' Rights Agreement (Digital Island Inc)
Termination of Information and Inspection Covenants. The covenants set forth in Section Sections 3.1 and Section 3.2 shall terminate and be of no further force or effect upon the earlier to occur of (ia) immediately prior to the consummation of the IPO or a SPAC TransactionInitial Offering, (iib) when the Company first becomes subject to the periodic reporting requirements of Section Sections 12(g) or 15(d) of the Exchange 1934 Act, or (iii) upon the closing of a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs firstshall first occur and (c) the consummation of a Liquidation Event.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (DoorDash Inc), Investors’ Rights Agreement (DoorDash Inc)
Termination of Information and Inspection Covenants. The covenants set forth in Section 3.1 Sections 2.1 and Section 3.2 2.2 shall terminate and be of no further force or effect upon the earlier to occur of (i) immediately prior to the consummation of the IPO or a SPAC TransactionQualified Initial Offering, (ii) when the Company first becomes subject to the periodic reporting requirements of Section Sections 12(g) or 15(d) of the Exchange 1934 Act, or (iii) upon the closing of a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs first.shall first occur or
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Termination of Information and Inspection Covenants. The covenants set forth in Section Sections 3.1 and Section 3.2 hereof shall terminate and be of no further force or effect upon (i) immediately prior to the consummation closing of the IPO or a SPAC Transactionan Initial Offering, (ii) immediately prior to the closing of a Merger and Acquisition, or (iii) when the Company first becomes subject to the periodic reporting requirements of Section Sections 12(g) or 15(d) of the Exchange 1934 Act, or (iii) upon the closing of a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs shall occur first.
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Termination of Information and Inspection Covenants. The covenants set forth in Section 3.1 Sections 2.1 and Section 3.2 2.2 shall terminate and be of no further force or effect upon the earlier of (iA) immediately prior to the consummation first closing of the IPO or a SPAC TransactionQualifying IPO, (iiB) when the Company first becomes becoming subject to the periodic reporting requirements of Section Sections 12(g) or 15(d) of the Exchange Act, 1934 Act or (iiiC) upon the closing of after a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs firstQualifying Acquisition.
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Termination of Information and Inspection Covenants. The covenants set forth in Section 3.1 Sections 2.1 and Section 3.2 2.2 shall terminate and be of no further force or effect upon the earlier to occur of (ia) immediately prior to the consummation of the IPO Initial Offering, or a SPAC Transaction, (iib) when the Company first becomes subject to the periodic reporting requirements of Section Sections 12(g) or 15(d) of the Exchange 1934 Act, or (iii) upon the closing of a Deemed Liquidation Event where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of Incorporation, whichever event occurs firstshall first occur.
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Samples: Investors’ Rights Agreement (Qlik Technologies Inc)
Termination of Information and Inspection Covenants. The covenants set forth in Section 3.1 and Section 3.2 shall terminate and be of no further force or effect (i) immediately prior to the consummation of the IPO or a SPAC TransactionIPO, (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 where proceeds are distributed in accordance with Section 2.1 and 2.2 of Article (IV)(C) of the Certificate of IncorporationEvent, whichever event occurs first.
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