Eligible Offering definition

Eligible Offering means an offer by the Company to sell to investors (including any of its stockholders) for cash, cash equivalents or indebtedness, any securities of the Company, including, without limitation, (i) shares of capital stock of the Company, or any security convertible into or exchangeable for, or carrying rights or options to purchase, capital stock of the Company, (ii) notes, debentures, bond or other evidences of indebtedness of the Company, and (iii) any combination or derivative of the foregoing, other than an offering by the Company:

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Eligible Offering means an offer by the Company or a Significant Subsidiary of the Company to sell to any Person or Persons (including any of the Shareholders) for cash, any Capital Stock of the Company or any Significant Subsidiary, other than an offering by the Company or a Significant Subsidiary of the Company:

Eligible Offering means an offer by the Company to sell to investors (including any of the Purchasers) for cash, shares of capital stock of the Company, or any security convertible into or exchangeable for, or carrying rights or options to purchase, capital stock of the Company, other than an offering of securities by the Company:

Examples of Eligible Offering in a sentence

• With respect to any election pursuant to paragraph (a) above, the closing of such sale of securities in an Eligible Offering shall take place at the office of counsel for the purchasing Stockholder no later than sixty (60) days following the delivery date of the Offering Notice, or such other place and earlier date as may be agreed by all parties to the transaction.

• The Demand Notice must be for the registration and/or Qualified Offering, in an Eligible Offering Jurisdiction, of no less than the Threshold Amount of Offerable Securities applicable to the Holders making such request.

• The Company hereby grants to each Stockholder the right to purchase such Stockholder's Proportionate Percentage (as hereinafter defined) of any future Eligible Offering (as hereinafter defined).

• If any such offer is accepted by PPG, UDC shall sell to PPG and PPG shall purchase from UDC, for the price and on the terms set forth in UDC's notice of such Eligible Offering, the number of securities that PPG has elected to purchase.

• In the event all of the securities being sold in the Eligible Offering are not purchased pursuant to paragraph (b) above, then each Stockholder shall have the right and option to elect to sell, at the price and on the terms stated in the Offering Notice, all or part of that number of securities being offered which is equal to the product obtained by multiplying (i) the aggregate number of shares or securities covered by the proposed sale by (ii) such Stockholder's Proportionate Percentage.

More Definitions of Eligible Offering

Eligible Offering means any public offering of Common Stock by the Company other than: (i) any registration relating solely to the sale of securities to participants in a Company stock plan, (ii) any registration relating to corporate reorganization or other transaction under Rule 145 of the Act, (iii) any registration on any form (other than Form ▇-▇, ▇-▇ or S-3) which does not include substantially the same information as would be required to be included in a registration statement covering the sale of the Registrable Securities, and (iv) any registration in which the only Common Stock being registered is Common Stock issuable upon conversion of debt securities which are also being registered.

Eligible Offering means an offer by the Company after the date hereof to Transfer to any Person or Persons (including any of the Stockholders) for cash, any Capital Stock (or debt convertible into Capital Stock) of the Company, other than:

Eligible Offering shall have the meaning set forth in Section 5.6(b).

Eligible Offering means an offer by the Company to sell to investors (including any of the Stockholders) for cash shares of capital stock of the Company, or any security convertible into or exchangeable for, or any option, warrant or other security or right to purchase, capital stock of the Company, other than (i) an offering of securities by the Company in connection with any merger of, or acquisition by, the Company approved by the Board, (ii) up to an aggregate of 277,715,000 shares of Common Stock or options to purchase Common Stock issued to officers, directors, employees or consultants of the Company pursuant to any plan or arrangement approved by the Board of Directors of the Company (less the number of shares or options for shares issued or granted under any such plan or arrangement as of the date hereof plus such number of common stock or options to purchase common stock which expire or terminate under such plan or are repurchased by the Corporation under such plan), (iii) shares of the Company’s capital stock to be offered in a Qualified Public Offering, (iv) the issuance of the Conversion Shares, (v) the issuance of up to 68,339 shares of Common Stock or warrants to purchase Common Stock (and Common Stock issuable upon exercise of such warrants) issued in connection with debt financing, equipment lease financing or business development/strategic partnership transactions approved by the Board, (vi) 32,661 shares of Series C Preferred Stock (and Common Stock issuable upon conversion of up to 32,661 shares of Series C Preferred Stock) issuable upon exercise of certain warrants issued to Pentech Financial Services, and (vii) the issuance of shares of Series H Preferred Stock pursuant to the Series H Stock Purchase Agreement.”

Eligible Offering means an offer by the Corporation to sell for cash shares of capital stock of the Corporation, or any security convertible into or exchangeable for, or carrying rights or options to purchase, capital stock of the Corporation, other than an offering of securities by the Corporation:

Eligible Offering see Section 4.05(a).

Eligible Offering has the meaning Section 4(a) specifies.