Common use of Termination of Right of Repurchase Clause in Contracts

Termination of Right of Repurchase. The Right of Repurchase shall terminate upon the earliest to occur of: (A) the closing of a firm commitment underwritten public offering of the Company's Common Stock pursuant to an effective registration statement under the Securities Act of 1933, as amended (the "Securities Act"); (B) a sale of all or -------------- substantially all of the assets of the Company or the merger or consolidation of the Company with or into any other corporation or entity, other than a wholly- owned subsidiary of the Company, or the sale of the outstanding stock of the Company, as a result of which the stockholders of the Company immediately prior to such transaction hold less that fifty percent (50%) of the voting power of the surviving corporation; and (C) five (5) years from the date hereof.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Petopia Com Inc), Common Stock Purchase Agreement (Petopia Com Inc)

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Termination of Right of Repurchase. The Right of Repurchase shall ---------------------------------- terminate as to any Shares upon the earliest to occur closing of: (Ai) the closing first sale of a firm commitment underwritten public offering Common Stock of the Company's Common Stock Company to the general public pursuant to an effective a registration statement filed with and declared effective by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act")amended; (Bii) a the sale of all or -------------- substantially all of the assets of the Company Company; or (iii) the merger merger, consolidation or consolidation other reorganization of the Company with or into any other corporation or entity, other than a wholly- owned subsidiary corporations in which the holders of the Company, or the sale of the outstanding capital stock of the Company, as a result of which the stockholders of the Company immediately prior to such transaction hold less that than fifty percent (50%) of the voting power securities of the surviving corporation; and (C) five (5) years from the date hereofcorporation after such transaction.

Appears in 1 contract

Samples: Option Agreement (Vicinity Corp)

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Termination of Right of Repurchase. The Right of Repurchase ---------------------------------- shall terminate as to any Shares upon the earliest to occur closing of: (Ai) the closing first sale of a firm commitment underwritten public offering Common Stock of the Company's Common Stock Company to the general public pursuant to an effective a registration statement filed with and declared effective by the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "Securities Act")amended; (Bii) a the sale of all or -------------- substantially all of the assets of the Company Company; or (iii) the merger merger, consolidation or consolidation other reorganization of the Company with or into any other corporation or entity, other than a wholly- owned subsidiary corporations in which the holders of the Company, or the sale of the outstanding capital stock of the Company, as a result of which the stockholders of the Company immediately prior to such transaction hold less that than fifty percent (50%) of the voting power securities of the surviving corporation; and (C) five (5) years from the date hereofcorporation after such transaction.

Appears in 1 contract

Samples: Elaine Hamilton Non Statutory Stock Option Agreement (Vicinity Corp)

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