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.

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 has the meaning set forth in Section 8.04.

Examples of Qualifying Public Offering in a sentence

• 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.

• 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.

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

• The respective rights and obligations of the parties under this Article 3 shall terminate upon the consummation of a Qualifying Public Offering.

• Employer and Employee are parties to a [ ] Agreement dated as of [ ] (the “Prior Agreement”) and, pursuant to Section [-] of the Prior Agreement, wish to amend and restate such Prior Agreement, effective upon closing of a Qualifying Public Offering (as defined in Employer’s Certificate of Incorporation) (the date of such closing being the “Effective Date” of this Agreement).

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

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 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.

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. ARTICLE II

Qualifying Public Offering means the sale by one or more -------------------------- Persons in an underwritten offering registered under the Securities Act of any equity securities of the Company (or its successor) which results in aggregate gross proceeds from such sales (before underwriters' discounts and selling commissions) to the Company greater than or equal to $15,000,000.