Piggyback Underwritten Offering definition

Piggyback Underwritten Offering has the meaning set forth in Section 2.4(a).

Piggyback Underwritten Offering means a firmly underwritten public offering of the Common Stock that is registered under the Securities Act and pursuant to which the Company or other selling stockholders sell Common Stock to one or more underwriters for reoffering to the public for cash; provided, however, that the following will not constitute a Piggyback Underwritten Offering: (a) any Demand Underwritten Offering or any “Demand Underwritten Offering” as defined in the ECP Registration Rights Agreement; (b) any “at-the-market” offering pursuant to which Common Stock is sold from time to time into an existing market at prices then prevailing; and (c) the filing or effectiveness of any registration statement under the Securities Act for one or more offerings on a continuous or delayed basis pursuant to Rule 415 under the Securities Act (including “unallocated” or “kitchen sink” registration statements), or any amendment to such a registration statement; provided no firmly underwritten public offering of the type referred to in this definition is contemplated at the time of such filing or effectiveness.

Piggyback Underwritten Offering shall have the meaning as set forth in Section 3(a) hereof.

Examples of Piggyback Underwritten Offering in a sentence

• If no request for inclusion from a Holder is received within such period, such Holder shall have no further right to participate in such Piggyback Underwritten Offering.

• Each Holder shall have the right to withdraw its request for inclusion of its Registrable Securities in any Piggyback Underwritten Offering at any time prior to the execution of an underwriting agreement with respect thereto by giving written notice to the Company of its request to withdraw.

• Each Holder may deliver written notice (an “Opt-Out Notice”) to the Company requesting that such Holder not receive notice from the Company of any proposed Underwritten Offering, whether a Piggyback Underwritten Offering, a Shelf Underwritten Offering or otherwise; provided, however, that such Holder may later revoke any such Opt-Out Notice in writing.

More Definitions of Piggyback Underwritten Offering

Piggyback Underwritten Offering means a firmly underwritten public offering of the Common Shares that are registered under the Securities Act and pursuant to which the Borrower or other selling shareholders sell Common Shares to one or more underwriters for reoffering to the public for cash; provided, however, that the following will not constitute a Piggyback Underwritten Offering:

Piggyback Underwritten Offering see Section 2.02(a).

Piggyback Underwritten Offering has the meaning specified therefor in Section 2.04(a). “Registration Default” has the meaning specified therefor in Section 2.01(c). “Registration Default Period” has the meaning specified therefor in Section 2.01(c). - 2 -

Piggyback Underwritten Offering has the meaning set forth in Section 5.03(a). “Postponement Period” has the meaning set forth in Section 5.02. 1 To be the date of the closing of the transaction.

Piggyback Underwritten Offering means a firmly underwritten public offering of the Common Shares that are registered under the Securities Act and pursuant to which the Borrower or other selling shareholders sell Common Shares to one or more underwriters for reoffering to the public for cash; provided, however, that the following will not constitute a Piggyback Underwritten Offering: (a) any Demand Underwritten Offering; and (b) any “at-the-market” offering pursuant to which Common Shares are sold from time to time into an existing market at prices then prevailing.