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 means an underwritten public offering pursuant to an effective registration statements under the Securities Act causing the offer and sale of Common Stock for the account of the Company in which the Company receives aggregate gross proceeds of $20 million and a minimum, per share price of $20 (before deduction of underwriters' discounts, commissions and fees).

Examples of Qualifying Public Offering in a sentence

• At the time of the initial closing of such Qualifying Public Offering, the holder of this Note shall deliver this Note to the Borrower and, as soon as reasonably practicable thereafter, the Borrower shall issue and deliver to the holder of this Note a certificate or certificates for the number of full shares of Common Stock issuable upon the conversion of this Note, and provision shall be made for any fraction of a share as provided in Section 4(b) below.

• Upon the first closing of the sale of shares of common stock of the Borrower (“Common Stock”) in a Qualifying Public Offering (as hereinafter defined), (i) the entire outstanding Principal Amount of this Note shall automatically be converted into a number of shares of Common Stock determined by dividing (x) the outstanding Principal Amount of this Note by (y) an amount equal to the product obtained by multiplying (A) the Qualifying Public Offering Price Per Share and (B) 0.80.

• The Borrower shall at all times at and after the first anniversary of the Loan Date and, as applicable, at the time of closing of Qualifying Public Offering reserve and keep available, free from preemptive rights, out of its authorized and unissued Common Stock the full number of shares of Common Stock then issuable upon the conversion in full of this Note.

• The Company's rights under this Section 9 shall terminate upon the consummation of a Qualifying Public Offering.

• Prior to a Qualifying Public Offering, the Stock to be issued under this Plan, which may be issued in reliance on the exemption from registration set forth in Rule 701, shall be deemed to be “restricted securities” as defined in Rule 144, promulgated by the Securities and Exchange Commission under the Securities Act as from time to time in effect and applicable to the Plan and Participants.

More Definitions of Qualifying Public Offering

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

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 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.

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.