Pending Underwritten Offering definition

Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to this Section 4.5(l), any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 4.5(a)(ii) or 4.5(a)(iv) prior to the date of such Holder’s forfeiture.
Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to Section 1.11 of this Annex E, any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 1.2(b) or 1.2(d) of this Annex E prior to the date of such Holder’s forfeiture.
Pending Underwritten Offering means, with respect to any Withdrawing Holder withdrawing from this Agreement pursuant to Section 8.3, any underwritten Public Offering for which a registration statement relating thereto is or has been filed with the Commission either prior to, or not later than the sixtieth day after, the effectiveness of such Withdrawing Holder’s withdrawal from this Agreement.

Examples of Pending Underwritten Offering in a sentence

  • Pending Underwritten Offering" means, with respect to any Holder forfeiting its rights pursuant to this Section 4.6(m), any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section4.6(a)(2) or 4.6(a)(4) prior to the date of such Holder's forfeiture.


More Definitions of Pending Underwritten Offering

Pending Underwritten Offering means, with respect to any Withdrawing Holder withdrawing from this Agreement pursuant to Section 10.3, any underwritten Public Offering for which a registration statement relating thereto is or has been filed with the Commission either prior to, or not later than the sixtieth day after, the effectiveness of such Withdrawing Holder’s withdrawal from this Agreement.
Pending Underwritten Offering has the meaning set forth in Section 3.12.
Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to this Section 3.12, any underwritten offering of Registrable Securities in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 3.1(b) or 3.1(d) prior to the date of such Holder’s forfeiture. In addition, Investor or any other Holder may deliver written notice (an “Opt-Out Notice”) to the Company requesting that such Investor or Holder not receive notice from the Corporation of any proposed Underwritten Offering; provided, however, that Investor or other Holder, as applicable, may later revoke any such Opt-Out Notice in writing. Following receipt of an Opt-Out Notice from Investor or other Holder (unless subsequently revoked), the Company shall not, and shall not be required to, deliver any notice to Investor or such other Holder, as applicable, pursuant to Section 3.1.
Pending Underwritten Offering means, with respect to any Holder forfeiting its rights pursuant to this Section 4.7(m), (i) any registered sale described in Section 4.7(i)(1) that has an effective date prior to the date of such Holder’s forfeiture, and (ii) any other underwritten offering of Registrable Securities (including an underwritten offering pursuant to a Shelf Registration Statement) in which such Holder has advised the Company of its intent to register its Registrable Securities either pursuant to Section 4.7(a)(2) or 4.7(a)(4) prior to the date of such Holder’s forfeiture.
Pending Underwritten Offering means, with respect to any holder withdrawing from this Agreement pursuant to Section 3.9, (i) any registered primary Underwritten Offering by the Issuer for its own account in which the Registration Statement has an effective date prior to the date of such holder's withdrawal from this Agreement, and (ii) any registered secondary Underwritten Offering of Registrable Securities (including a Shelf Underwritten Offering) in which the Request (or Underwriting Notice, if a Shelf Underwritten Offering) has been delivered to the Issuer prior to the date of such holder's withdrawal from this Agreement.
Pending Underwritten Offering means, with respect to any Holder withdrawing (or deemed to have withdrawn) from this Agreement pursuant to Section 3.12, (i) any registered primary underwritten offering by Instinet for its own account in which the registration statement has an effective date prior to the date of such Holder's withdrawal from this Agreement, and (ii) any registered secondary underwritten offering of Registrable Securities (including a Shelf Underwritten Offering) in which the Demand Notice (or Shelf Underwriting Notice, if a Shelf Underwritten Offering) has been delivered to Instinet prior to the date of such Holder's withdrawal from this Agreement, unless and until Instinet notifies the Holders' Representatives that such registration statement will not be declared effective (which notice shall be provided as promptly as practicable following any such determination) or that all participating Holders have withdrawn their participation in the offering pursuant to Section 2.1(b) or 2.2(b).
Pending Underwritten Offering has the meaning set forth in Section 3.12. “Permitted Transferee” means (i) any Affiliate of the Investor and (ii) any holder of membership interests in the Investor and each of such holders’ direct and indirect equity holders. “Person” means an individual, a partnership, a joint venture, a corporation, a limited liability company, a trust, an unincorporated organization or a government or department or agency thereof. -27-