Qualifying Initial Public Offering definition
Examples of Qualifying Initial Public Offering in a sentence
In the event of a Qualifying Initial Public Offering, the person(s) entitled to receive the Common Stock issuable upon such conversion of the Preferred Stock shall not be deemed to have converted their Preferred Stock until the closing of the Qualifying Initial Public Offering.
Within five (5) Business Days of a Qualifying Initial Public Offering or a Permitted Transfer that occurs within eighteen months (18) months of the Closing Date, Borrowers may apply the Net Cash Proceeds thereof to the prepayment of the Obligations; provided, however, that no more than $*** in the aggregate for all Qualifying Initial Public Offerings and Permitted Transfers may be so applied.
Notwithstanding the foregoing, this covenant shall no longer apply after all of the Obligations due to Bank under the Equipment Line are paid in full prior to December 31, 2007 with proceeds from either (x) a Qualifying Initial Public Offering, or (y) the Eligible Equipment Line Refinancing.
In the event of a Qualifying Initial Public Offering, the person(s) entitled to receive the Common Stock issuable upon such conversion of the Junior Preferred shall not be deemed to have converted their Junior Preferred until the closing of the Qualifying Initial Public Offering.
During any Period when: Levels: Applicable Interest Rate : EBITDA for the trailing 3 month period less than $1.00 I Prime Rate plus three quarters of one percent (0.75%) per annum EBITDA for the trailing 3 month period greater than or equal to $1.00 II Prime Rate plus one quarter of one percent (0.25%) per annum From and after a Qualifying Initial Public Offering III LIBOR Rate, plus 250 basis points per annum.
This Agreement shall terminate upon consummation of ----------- a Qualifying Initial Public Offering.
During any Period when: Levels: Applicable Equipment Interest Rate: EBITDA for the trailing 3 month period less than $1.00 I Prime Rate plus one and one quarter percent (1.25%) per annum EBITDA for the trailing 3 month period greater than $1.00 II Prime Rate plus three quarters of one percent (0.75%) per annum From and after a Qualifying Initial Public Offering III LIBOR Rate, plus 300 basis points per annum.
Notwithstanding Section 2.1 ---------------------------------- and subject to the terms and conditions of the Registration Rights Agreement, each Purchaser shall be permitted to sell any or all of its shares of Common Stock in connection with a Qualifying Initial Public Offering.
Thereupon, subject to the terms of this Agreement, USCB shall use its reasonable best efforts to effect the Qualifying Initial Public Offering, including the registration, on Form S-1, of all Registrable Common Stock that USCB has been requested so to register.
The Corporation shall not undertake a Qualifying Initial Public Offering or merger with and into a publicly traded company such that the survivor is a publicly traded corporation unless in each case the transaction is based on the Corporation having a current enterprise value or pre-money valuation of not less than $14,000,000 as reflected in the proposed transaction documents.