Examples of Public Company Event in a sentence
A “Fundamental Transaction” shall mean a Public Company Event, a merger or consolidation of the Corporation with or into another corporation or other legal entity, or the sale of all or substantially all of the Corporation’s properties and assets to any other Person which is effected so that holders of Common Stock are entitled to receive (either directly or upon subsequent liquidation) stock, securities or assets with respect to or in exchange for Common Stock.
For the avoidance of doubt, the foregoing sentence shall not restrict Transfers made in connection with a Public Offering following a Public Company Event or pursuant to the registration rights set forth in Article VII hereof.
If, at any time following the Public Company Event and during the occurrence of a default of any provision of the Note, (i) the market capitalization of the common stock of the post-Public Company Event Company is less than twelve million ($12,000,000) and (ii) the Trading Price in respect of any sale of Common Stock resulting from a conversion permitted hereunder is lower than that set forth in the relevant Notice of Conversion, the Conversion Price will be reset and reduced to the lower Trading Price.
Notwithstanding anything to the contrary contained herein, during the first six months immediately following the Public Company Event, this Note may not be prepaid, in full or in part, without the express, prior written consent of the Holder.