Qualifying Public Offering definition

Qualifying Public Offering means a firm commitment underwritten public offering of Stock for cash where the shares of Stock registered under the Securities Act are listed on a national securities exchange.

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Qualifying Public Offering means a firm commitment underwritten public offering of Common Stock the result of which is that the HMC Group shall own less than 10% of the fully diluted Common Stock of the Company.

Qualifying Public Offering means a firm commitment underwritten public offering of Stock for cash where the shares of Stock registered under the Securities Act are listed on a national securities exchange or the NASDAQ National Market System.

Examples of Qualifying Public Offering in a sentence

• This Section 7 shall not apply to shares of Stock registered in the Qualifying Public Offering.

• Such restriction (the “Market Stand-Off”) shall be in effect for such period of time commencing on and following the date of the final prospectus for any Qualifying Public Offering as may be requested by the Company or its underwriters.

• In no event, however, shall the Market Stand-Off period exceed 180 days or such other period as may be requested by the Company or an underwriter to accommodate regulatory restrictions on (1) the publication or other distribution of research reports, and (2) analyst recommendations and opinions, including, but not limited to, the restrictions contained in FINRA Rule 2711(f)(4) or NYSE Rule 472(f)(4), or any successor provisions or amendments thereto, following such Qualifying Public Offering.

• Anything to the contrary contained herein notwithstanding, any Transfer after the closing of a Qualifying Public Offering by a Purchaser which in the aggregate, over the term of this Agreement, amounts to no more than 10,000 shares of Series Preferred or Common Stock, shall be exempt from the provisions of this Section 5.

• The foregoing right of first refusal shall be modified after the closing of a Qualifying Public Offering with respect to "public sales" pursuant to Rule 144 (including Rule 144(k)) under the Securities Act such that the Company shall have twenty-four (24) hours to decide to exercise its right to purchase the shares specified in the notice and to notify the Purchasers of its election and the Purchasers only twenty-four (24) hours after such notice is given to exercise their election.

More Definitions of Qualifying Public Offering

Qualifying Public Offering means the closing of a firmly underwritten public offering pursuant to an effective registration statement under the Securities Act covering the offer and sale of Common Stock for the account of the Company in which the gross proceeds to the Company (before underwriting discounts, commissions and fees) are at least $60,000,000.

Qualifying Public Offering means any Public Offering that is reasonably expected to yield gross proceeds that, when aggregated with the gross proceeds from any previous Public Offerings, equal at least $1.5 billion.

Qualifying Public Offering has the meaning set forth in Section 8.04.

Qualifying Public Offering means a Public Offering yielding aggregate gross proceeds of at least $50,000,000.

Qualifying Public Offering means an Initial Public Equity Offering which results in gross proceeds to the Company of at least $100 million in the aggregate, and which yields an adjusted equity valuation of two times the liquidation value of the Series D Preferred Stock.

Qualifying Public Offering means a firm commitment underwritten public offering of Common Stock for cash where the proceeds to the Company (prior to deducting any underwriters' discounts and commissions) exceed $10 million and the shares of Common Stock registered under the Securities Act are listed on a national securities exchange.

Qualifying Public Offering means a firm commitment underwritten public offering of Common Stock by the Corporation after the date that Series B Preferred Stock is first issued with a nationally recognized investment banking firm at a price per share offered to the public of at least $0.02 (as adjusted for any stock splits, stock dividends, combinations, recapitalizations, reclassifications or other similar events), in a total offering including gross proceeds of at least $30,000,000 before deduction of underwriting commissions and expenses of the offering.