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.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (Gin & Luck Inc.), Investors’ Rights Agreement (Gin & Luck Inc.), Investors’ Rights Agreement (Gin & Luck Inc.)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, 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 Restated CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Invea Therapeutics, Inc), Investors’ Rights Agreement (Sensei Biotherapeutics, Inc.), Investors’ Rights Agreement (Sensei Biotherapeutics, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect upon the earliest to occur of: (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.
Appears in 3 contracts
Samples: Rights Agreement (Kronos Bio, Inc.), Rights Agreement (Kronos Bio, Inc.), Investors’ Rights Agreement (Kronos Bio, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.23.1, shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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 Restated CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Gain Therapeutics, Inc.), Investors’ Rights Agreement (Gain Therapeutics, Inc.), Investors’ Rights Agreement (Gain Therapeutics, Inc.)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect upon the earliest of: (i) immediately before the consummation of the IPO, or (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 CertificateCompany’s Certificate of Incorporation, whichever event occurs firstpursuant to which the Investors receive only cash and/or marketable securities.
Appears in 3 contracts
Samples: Rights Agreement (Invitae Corp), Rights Agreement (Invitae Corp), Investors’ Rights Agreement (Invitae Corp)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (ii) when if the Company first becomes is and remains 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.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Patriot Scientific Corp), Investors’ Rights Agreement (Patriot Scientific Corp)
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, or (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 CertificateCompany’s Memorandum and Articles, whichever event occurs first.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Investors’ Rights Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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 firstCompany’s Certificate of Incorporation.
Appears in 2 contracts
Samples: Investors’ Rights Agreement, Investors’ Rights Agreement (AVROBIO, Inc.)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, 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 a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.
Appears in 2 contracts
Samples: Rights Agreement (Gryphon Online Safety, Inc.), Investor Rights Agreement (Gryphon Online Safety, Inc.)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (ii) when such time as the Investors and their Affiliates (after giving effect to and including shares of Common Stock issued or issuable upon conversion of the Notes or conversion or exchange of other securities of the Company first becomes subject to the periodic reporting requirements of Section 12(gheld by such Investor) or 15(dfewer than ten percent (10%) of the Exchange Act, or (iii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs firstshares of Common Stock outstanding.
Appears in 2 contracts
Samples: Investor Agreement (Riedman Corp), Investor Agreement (Phoenix Footwear Group Inc)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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 in the event of 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 (Jaguar Animal Health, Inc.), Investors’ Rights Agreement (Jaguar Animal Health, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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 CertificateCompany’s Certificate of Incorporation, whichever event occurs first.
Appears in 2 contracts
Samples: Rights Agreement (Nerdwallet, Inc.), Rights Agreement (Nerdwallet, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection Section 3.1, Section 3.2, and Section 3.5 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 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, with a company subject to the reporting provisions of the Exchange Act, whichever event occurs first.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Tremor Video Inc.), Investors’ Rights Agreement (Tremor Video Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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 Restated CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Tyra Biosciences, Inc.), Rights Agreement (Tyra Biosciences, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 Sections 3.1, 3.2 and Subsection 3.2, 3.3 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 ActQualified 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 2 contracts
Samples: Investors’ Rights Agreement (Eleven Biotherapeutics, Inc.), Investors’ Rights Agreement (Eleven Biotherapeutics, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 Section 3.1, and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Anterios Inc), Investors’ Rights Agreement (Anterios Inc)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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, Act or (iii) 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 (Flywire Corp), Investors’ Rights Agreement (Flywire Corp)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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.
Appears in 2 contracts
Samples: Rights Agreement (Syros Pharmaceuticals, Inc.), Rights Agreement (Syros Pharmaceuticals, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the Qualified IPO, or (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 and applied in the Restated Certificate, whichever event occurs first.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, 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 a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.
Appears in 1 contract
Samples: Rights Agreement (Eventbrite, Inc.)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, 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 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 (Aperion Biologics, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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 Company’s Amended and Restated CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Sana Biotechnology, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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 CertificateCompany’s Certificate of Incorporation, whichever event occurs first.
Appears in 1 contract
Samples: Investors’ Rights Agreement
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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 Restated CertificateArticles of Incorporation, whichever event occurs first.
Appears in 1 contract
Samples: Investors’ Rights Agreement (First Light Acquisition Group, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 3.1, and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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 Restated CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Anebulo Pharmaceuticals, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 Section 3.1, and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, a Qualified Public Offering or (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 CertificateCompany’s Certificate of Incorporation (as amended and/or restated from time to time), whichever event occurs first.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection 3.1 Subsections 6.1 and Subsection 3.2, 6.2 shall terminate and be of no further force or effect effect: (i) immediately before the consummation of the IPO, or (ii) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) or 15(d) of the Exchange ActAct (or substantially equivalent requirements in any non-U.S. jurisdiction), or (iii) upon a Deemed Liquidation EventReorganization, as such term is defined in the Restated CertificateArticles, whichever event occurs first.. Shareholders’ Agreement 15 Confidential
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the a Qualified IPO, or (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.
Appears in 1 contract
Samples: Rights Agreement (Enzymotec Ltd.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection Sections 3.1, 3.2, 3.4 and 3.5 shall terminate and be of no further force or effect (i) immediately before upon the consummation of the IPO, or (ii) when the Company first becomes subject to the periodic reporting requirements closing 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 Company’s Restated Certificate, whichever event occurs firstArticles.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection 3.1 Section 3.1, and Subsection 3.2, 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 Restated CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection Subsections 3.1 and Subsection 3.2, through 3.4 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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 CertificateCompany’s Certificate of Incorporation, whichever event occurs first.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Athena Bitcoin Global)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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 Restated CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Life Spectacular, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 3.1, Subsection 3.2 and Subsection 3.2, 3.3 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.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Northern Star Acquisition Corp.)
Termination of Information. The (a) Subject to Section 3.4(b), the covenants set forth in Subsection 3.1 Section 3.1, Section 3.2 and Subsection 3.2, 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, or (iii) upon a Deemed Liquidation Event, as such term is defined in the Restated Certificate, whichever event occurs first.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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, Act or (iii) upon a the consummation of any voluntary or involuntary liquidations, dissolution or winding up of the Company or Deemed Liquidation Event, Event (as such term is defined in the Restated CertificateCertificate of Incorporation), whichever event occurs first.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Alx Oncology Holdings Inc)
Termination of Information. The covenants set forth in Subsection 3.1 3.1, Subsection 3.2 and Subsection 3.2, 3.3 shall terminate and be of no further force or effect (ia) immediately before the consummation of the IPO, (iib) when the Company first becomes subject to the periodic reporting requirements of Section 12(g) 13 or 15(d) of the Exchange Act, or (iiic) 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 (Keros Therapeutics, Inc.)
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the an Qualified IPO, or (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.
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Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 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 CertificateCertificate of Incorporation, whichever event occurs first.
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Termination of Information. The covenants set forth in Subsection Subsections 3.1 and Subsection 3.2, 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 EventEvent for cash or publicly traded securities, 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 (Ovid Therapeutics Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, or (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.
Appears in 1 contract
Samples: Rights Agreement
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect upon the earliest to occur of the following: (i) immediately before the consummation of the IPO, (ii) when the Company Corporation 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 Change of Control pursuant to which the Restated Certificate, whichever event occurs firstHolders no longer hold equity securities of the Companies.
Appears in 1 contract
Termination of Information. The covenants set forth in Subsection 3.1 and Subsection 3.2, 3.2 shall terminate and be of no further force or effect (i) immediately before the consummation of the IPO, IPO or (ii) when upon the Company first becomes subject to the periodic reporting requirements closing 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 CertificateCertificate of Incorporation, whichever event occurs first.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Akero Therapeutics, Inc.)
Termination of Information. The covenants set forth in Subsection 3.1 3.1, Subsection 3.2 and Subsection 3.2, 3.3 shall terminate and be of no further force or effect (i) immediately before the consummation of a Qualified IPO (as such term is defined in the IPOCertificate of Incorporation), (ii) when upon the Company first becomes subject to the periodic reporting requirements closing 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 CertificateCertificate of Incorporation or (iii) upon the consummation of a Qualified SPAC Transaction, whichever event occurs first.
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Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, 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 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
Termination of Information. The covenants set forth in Subsection Section 3.1 and Subsection 3.2, Section 3.2 shall terminate and be of no further force or effect (ia) immediately before prior to 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 (iiib) upon a Deemed Liquidation Event, Event (as such term is defined in section 2.3 of part B of Article Fourth of the Restated CertificateCertificate of Incorporation), whichever event occurs firstshall first occur.
Appears in 1 contract
Samples: Rights Agreement (Coskata, Inc.)
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 an IPO, or (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.
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Termination of Information. The covenants set forth in Subsection 3.1 and Subsection Sections 3.1, 3.2, 3.3 and 3.4 shall terminate and be of no further force or effect (i) immediately before but subject to the consummation of the IPO, a Qualified Public Offering or (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.
Appears in 1 contract
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 a Qualified Public Offering; provided that if the IPOQualified Public Offering never is consummated the covenants shall be reinstated, or (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 CertificateCertificate of Incorporation, whichever event occurs first.
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