Common use of Termination of Information and Observer Rights Clause in Contracts

Termination of Information and Observer Rights. The covenants set forth in Section 4, Section 5, and Section 6 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 4 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 4.

Appears in 3 contracts

Samples: Purchase Agreement (MedicaMetrix, Inc/De), Purchase Agreement (MedicaMetrix, Inc/De), Purchase Agreement (MedicaMetrix, Inc/De)

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Termination of Information and Observer Rights. The covenants set forth in Section 4, Section 53.1, and Section 6 3.2, and Section 3.3 shall terminate and be of no further force or effect (i) immediately before upon 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 4 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 43.1.

Appears in 1 contract

Samples: Series a Preferred Stock Purchase Agreement

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Termination of Information and Observer Rights. The covenants set forth in Section 4Sections 3.1, Section 53.2, and Section 6 3.3 shall terminate and be of no further force or effect immediately prior to (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 this Section 4 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 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 43.1.

Appears in 1 contract

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

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