Termination of Preemptive Right. The rights of the Offerees under this Section 12 shall terminate immediately prior to, but subject to, the consummation of a firm-commitment underwritten public offering of Common Stock pursuant to an effective registration statement filed under the Securities Act; provided, however, that the rights of the Offerees pursuant to this Section 12 may be waived as to all of such Offerees holding Preferred Stock by the affirmative vote or written consent of the holders of at least 66-2/3% of the shares of Preferred Stock (the “Requisite Holders”), and any such waiver shall be binding on all Offerees holding shares of Preferred Stock with respect to their Preferred Stock, even if any of such Offerees do not execute such waiver and irrespective of whether one or more Offerees participates in the purchase of the Offered Securities; provided further, however, that, with respect to any such waiver of rights pursuant to this Section 12(e), if the Offerees voting in favor or consenting to such waiver subsequently participate in the purchase of the Offered Securities for which such waiver was obtained, then the remaining Offerees not providing such waiver will be granted the right to participate in the purchase of the Offered Securities, on a pro-rata basis amongst all the Offerees participating in such sale.
Termination of Preemptive Right. The rights and covenants set forth in this Section 4 shall terminate and be of no further force and effect upon the earlier to occur of: (a) the consummation of a Qualified IPO; and (b) a Deemed Liquidation Event whereby all the Investors have fully exercised their liquidation right and been fully paid all the distributions pursuant to the Memorandum and Articles of Association.
Termination of Preemptive Right. The Preemptive Right shall terminate in the event the Thiokol Entities shall not Beneficially Own at least 20% of the outstanding shares of Common Stock.
Termination of Preemptive Right. The Preemptive Right for an Investor shall terminate on the date that is six (6) months after the date the Promissory Note of the Investor has been repaid in full or converted in full into Common Stock; provided, however that with respect to St. Cloud, such Preemptive Right shall terminate on the later of (a) the date that is six (6) months from the date the Promissory Note of St. Cloud has been repaid in full or converted in full into Common Stock or (b) such date as St. Cloud shall have invested in Viking a minimum of $2,000,000 in additional equity.
Termination of Preemptive Right. The Preemptive Right granted under this Section 4.13 shall expire at such time as the Warrant has expired, or, thereafter, at such time as the Purchaser no longer holds at least 25% of the then outstanding Common Stock (on a Fully Diluted Basis).
Termination of Preemptive Right. The Preemptive Right shall terminate at such time as the aggregate ownership interest of the Company's outstanding equity or voting power by the Pharmacia Entities is less than 80.1% on a Fully Diluted Basis.
Termination of Preemptive Right. The preemptive right granted under Section 7.2 of this Agreement shall expire upon the date on which all Shares have been redeemed or otherwise retired and are no longer outstanding.
Termination of Preemptive Right. 12 SECTION 7 Restrictions on Transferability; Compliance with Securities Act......12
Termination of Preemptive Right. The preemptive right granted under Section 6.1 of this Agreement shall terminate on and be of no further force or effect upon the earlier of (i) the consummation of GoldMine's sale of its common stock in an underwritten public offering pursuant to an effective registration statement filed under the Securities Act immediately subsequent to which GoldMine shall be obligated to file annual and quarterly reports with the Commission pursuant to Section 13 or 15(d) of the Exchange Act or (ii) the registration by GoldMine of a class of its equity securities under Section 12(b) or 12(g) of the Exchange Act.
Termination of Preemptive Right. The Purchaser's Preemptive Right shall terminate upon the earliest to occur of the following: (i) the sale of all or substantially all of the Company's assets; (ii) the sale of more than half of the Company's issued and outstanding equity securities at any time after the date of this Agreement in a single transaction or series of related transactions; (iii) the occurrence of any event or series of events as a result of which the Purchaser ceases to own or have the right to purchase equity securities equal to ten percent (10%) or more of the issued and outstanding equity of the Company; or (iv) immediately prior to the effectiveness of the registration statement for any Qualified Offering.
