Subsequent Equity Financing definition

Subsequent Equity Financing means a bona fide transaction or series of transactions with the principal purpose of raising capital, pursuant to which Company sells shares of capital stock (whether common or preferred) of Company or any warrants or other convertible securities of Company.

Subsequent Equity Financing means the next round or rounds of equity financing, subsequent to the Effective Date, in which Borrower issues and sells shares of its capital stock (other than shares of capital stock sold in a transaction that would be exempt from the anti-dilution rights of the holders of Borrower’s preferred stock pursuant to clauses (i) through (viii) of Article V, Section 5.8 of Borrower’s certificate of incorporation, as currently in effect) for aggregate cash proceeds in excess of $10,000,000.

Subsequent Equity Financing means the sale by Parent, prior to the Effective Time, of Down Round Stock.

Examples of Subsequent Equity Financing in a sentence

• The dollar amount (calculated as a ratio) used to determine the measurement amount for the exchange into a Subsequent Equity Financing shall be 1.2 times the entire Investment Amount described above.

• Payment of the Financing Purchase Price for the Subsequent Equity Financing Shares shall be made against delivery to UCB (or any of its designated UCB Subsidiaries) of the Subsequent Equity Financing Shares, which shares shall be certificated and delivered to UCB (or any of its designated UCB Subsidiaries) promptly following the closing of the Qualified Equity Financing, Triggering Financing or Third Financing, as applicable.

• If the Payee desires to participate in such Subsequent Equity Financing, it must provide written notice to the Maker by not later than 5:30 p.m. (New York City time) on the second (2nd) Trading Day after receipt of the Pre-Notice that the Payee is willing to participate in the Subsequent Equity Financing.

• Promptly following the First Effective Time, the Company shall deliver notices to the parties to the Subsequent Equity Financing, if any, to cause the release of funds from escrow to the Company.

• The payments to which the Purchasers shall be entitled pursuant to this Section 4.20 are referred to herein as “Subsequent Equity Financing Failure Payments.” Subsequent Equity Financing Failure Payments shall be paid on the earlier of (i) the last day of the calendar month during which such Subsequent Equity Financing Failure Payments are incurred and (ii) the third (3rd) Business Day after the event or failure giving rise to the Subsequent Equity Financing Failure Payments is cured.

More Definitions of Subsequent Equity Financing

Subsequent Equity Financing means purchase of equity securities of the Company by an investor on or prior to the Closing Date pursuant to any Subsequent Equity Subscription Agreement.

Subsequent Equity Financing means an equity financing in which the Company realizes total cumulative proceeds equal to or in excess of $2,000,000 (Two Million Dollars) in one or more equity financing transactions. A “Liquidation Event” means any liquidation, dissolution or winding up of the Company, whether voluntary or involuntary, as well as (x) any merger, consolidation or conversion of the Company into or with another company (except one in which the holders of capital stock of the Company immediately prior to such merger or consolidation continue to hold at least a majority of the voting power of the capital stock of the surviving company), (y) any sale, license, lease or transfer of all or substantially all of the assets of the Company, or (z) any other transaction pursuant to or as a result of which a single person (or group of affiliated persons) acquires or holds capital stock of the Company representing a majority of the Company’s outstanding voting power.

Subsequent Equity Financing means any sale by the Corporation of shares of Common Stock, Common Stock Equivalents or any combination of shares of Common Stock and Common Stock Equivalents, made after the Original Issue Date, but shall not include any sale or other issuance of:

Subsequent Equity Financing shall have the meaning ascribed to such term in Section 4.20.

Subsequent Equity Financing has the meaning set forth in Section 4.6(b).

Subsequent Equity Financing means any sale by the Corporation of shares of Common Stock, Common Stock Equivalents or any combination of shares of Common Stock and Common Stock Equivalents, made after the Original Issue Date, but shall not include any sale or other issuance of: (i) shares of Common Stock or Common Stock Equivalents to employees, officers, consultants or directors of the Corporation pursuant to any stock option plan or stock incentive plan of the Corporation in effect on the Original Issue Date on the terms in effect on the Original Issue Date; (ii) any securities of the Corporation upon the exercise, exchange or conversion of the Special Warrants represented hereby; (iii) any securities of the Corporation upon the exercise, exchange or conversion of any Common Stock Equivalent granted or issued on or prior to the Original Issue Date (provided that such Common Stock Equivalent has not been modified or amended since the Original Issue Date to increase the number of securities issuable on exercise, exchange or conversion thereof or to decrease the exercise, exchange or conversion price thereof); (iv) securities issued in connection with any event set out in Section 8 hereof.

Subsequent Equity Financing means the closing of Borrower’s next round of equity financing, which becomes effective after the Closing Date and on or before August 31, 2013 and which results in net cash proceeds to Borrower of at least TwoMillion Dollars ($2,000,000.00).