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:

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

• To the extent that any shares of Common Stock are being offered for the account of selling stockholders in the Qualified Public Offering (an “Eligible Offering”), each Holder shall be permitted to participate in such Eligible Offering and to sell an Eligible Amount of the shares of Common Stock issuable upon conversion of such Holder’s Preferred Shares.

• Each Holder may elect to participate in such Eligible Offering (up to the Eligible Amount) by delivering written notice of such Holder’s election to the Corporation within five (5) days after the Corporation’s delivery of the notice provided under this Section 13(f).

• The Corporation will, at least twenty (20) days prior to the filing of a registration statement with respect to an Eligible Offering, notify the Holders in writing of such Eligible Offering.

• The right of any Holder to participate in an Eligible Offering shall be conditioned upon such Holder agreeing to: (i) sell its shares of Common Stock in the Eligible Offering on the basis provided in any customary underwriting arrangements and (ii) complete and execute all reasonable questionnaires, powers of attorney, indemnities, underwriting agreements, and other documents required under the terms of such underwriting arrangements.

• 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).

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 X-0, X-0 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 325,215,000 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 see Section 4.05(a).

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 means any future offering of (i) UDC Common Stock or (ii) other equity securities of UDC or any security convertible into or exchangeable for or carrying rights or options to purchase any UDC Common Stock (collectively "UDC Equity Securities"). Notwithstanding the foregoing, an Eligible Offering shall not include sales or issuances of: