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.
Holders of Series A Preferred Stock shall be entitled to receive dividends at the rate of 8% of the Series A Liquidation Preference per annum (as adjusted for any stock dividends, combinations or splits with respect to such shares) payable in cash out of funds legally available therefor; provided, however, that no dividends shall be due or payable with respect to the Series A Preferred Stock in the event a Qualifying Initial Public Offering occurs on or before February 20, 2000.
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.
Immediately upon the closing of a Qualifying Initial Public Offering, the Series A Preferred Stock held by each holder thereof shall be automatically converted into such number of fully paid and nonassessable shares of Class A Common Stock determined by multiplying the number of shares of Series A Preferred Stock held by each holder by the Conversion Rate.
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 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.
At any time after January 1, 1999, immediately before the closing of a Qualifying Initial Public Offering, or upon the sale of all or substantially all of the assets of the corporation, the Series A Stock may be redeemed, at the option of any holders thereof, pursuant to this Section 2(G).
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.
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.