Shares of Then Outstanding Common Stock definition
Examples of Shares of Then Outstanding Common Stock in a sentence
The Company may impose stop transfer instructions with respect to the Shares of Then Outstanding Common Stock and/or Common Stock Equivalents subject to the foregoing restrictions until the end of the specified period of time.
If the Holders together beneficially own at least five percent (5%) of the Shares of Then Outstanding Common Stock, the Holders shall, if requested by the Company and an underwriter of Common Stock of the Company, agree not to Dispose of any Purchased Shares for a specified period of time, such period of time not to exceed ninety (90) days.
The foregoing provisions of this Section 6.4 shall apply to the Holders only if the Company’s directors, officers and any holders of an equal or greater number of Shares of Then Outstanding Common Stock that are party to a collaboration, license or similar agreement with the Company are subject to similar lock-up restrictions.
The Holders shall, if requested by the Company and an underwriter of Common Stock of the Company, agree not to Dispose of any Shares of Then Outstanding Common Stock and/or Common Stock Equivalents for a specified period of time, such period of time not to exceed ninety (90) days.
Each Investor, the directors then serving on the Company Board and the executive officers of the Company shall, if requested by any Underwriter(s) in connection with a disposition by the Investors in an Underwritten Offering, agree not to Dispose of any Shares of Then Outstanding Common Stock or Common Stock Equivalents for a specified period of time, not to exceed ninety (90) days.
Following the Election Notice Date, the “Standstill Term” shall terminate on the date on which the Standstill Parties beneficially own, in the aggregate, less than fifteen percent (15%) of the Shares of Then Outstanding Common Stock.
The foregoing provisions of this Section 4.4 shall apply to the Holders only if the Company’s directors, officers and any holders of an equal or greater number of Shares of Then Outstanding Common Stock that are party to a collaboration, license or similar agreement with the Company are subject to similar lock-up restrictions.
If after the date of this Agreement the Company proposes to issue New Securities in excess of ten percent (10%) of the Shares of Then Outstanding Common Stock the Company shall, in its sole discretion, either (i) grant the Purchaser parties a right to purchase a portion of the New Securities to be issued (a “Participating Issuance”) or (ii) not grant the Purchaser Parties a right to purchase a portion of the New Securities to be issued (an “Excluded Issuance”).
Subject to Section 8.2 and any Excluded Issuance made by the Company, once the Purchaser Parties have forfeited their rights under this Section 3.1, in no event will any subsequent ownership by the Purchaser Parties of at least twenty percent (20%) of Shares of Then Outstanding Common Stock or at the Highest Percentage Threshold level reinstate any of their rights under this Section 3.1.
Notwithstanding any other provision of this Section 3, this Section 3 shall not prohibit or restrict any Disposition of Shares of Then Outstanding Common Stock and/or Common Stock Equivalents by the Standstill Parties into (a) a tender offer by a Third Party, approved by a majority of the Board of Directors, that if completed in accordance with its terms would result in a Change of Control (a “Third Party Tender Offer”) or (b) an issuer tender offer by the Company.