TERM OF THE WARRANT AGREEMENT Sample Clauses

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) ten (10) years or (ii) five (5) years from the effective date of the Company's initial public offering, whichever is longer.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering ("IPO"), whichever is longer. Notwithstanding the foregoing, upon receipt by Warrantholder of a written request by the Company's underwriters, the Warrantholder shall exercise its rights to purchase Preferred Stock hereunder as of the effective date of the IPO so long as the purchase price per share is equal to or greater than the Exercise Price. The foregoing exercise at IPO is contingent upon the underwriter's notice being received by Warrantholder a minimum of ten (10) business days prior to the effective date of the IPO and if the underwriters fail to deliver such notice within the aforementioned time period, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the underwriters comply with such notice provisions. Such notice shall also contain such details of the IPO as are reasonable in the circumstances. If the IPO does not take place, the Company shall promptly notify the Warrantholder and the Warrantholder may rescind any exercise of its purchase rights promptly after such notice. In the event of such rescission, the Warrant Agreement will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence upon the close of the Next Round and shall be exercisable for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering, whichever is longer. Notwithstanding the term of this Warrant Agreement as set forth above, the right to purchase Preferred Stock as granted shall expire, if not previously exercised, immediately upon the closing of the issuance and sale of shares of Common Stock of the Company in the Company's first public offering of securities for its own account pursuant to an effective registration statement under the Securities Act of 1933, as amended (the "Initial Public Offering"), provided that the Preferred stock issuable to Warrantholder upon exercise hereof shall be included in such registration statement, and provided further that the underwriters so request that the Warrantholder exercise at that time. The Company shall notify the Warrantholder if the Initial Public Offering is proposed within a reasonable period of time prior to the filing of a registration statement and if the Company fails to deliver such written notice within a reasonable period of time, anything to the contrary in this Warrant Agreement notwithstanding, the rights to purchase will not expire until ten (10) business days after the Company delivers such notice to the Warrantholder. Such notice shall also contain such details of the proposed Initial Public Offering as are reasonable in the circumstances and notice that this Warrant Agreement is expected to expire upon closing thereof. If such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated. Anything to the contrary in this Warrant Agreement notwithstanding, the Warrantholder may rescind any exercise of its purchase rights promptly after such notice of termination of the proposed transaction if the exercise of warrants occurred after the Company notified the Warrantholder that the Initial Public Offering was proposed or if the exercise were otherwise precipitated by such proposed Initial Public Offering. In the event of such rescission, the Warrants will continue to be exercisable on the same terms and conditions.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) ten

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) seven (7) years or (ii) three (3) years from the effective date of the Company's initial public offering, whichever is earlier. If all of the Preferred Stock is converted into shares of Common Stock in connection with a registration of the Company's Common Stock under the 1933 Act, then this Warrant shall automatically become exercisable for that number of shares of Common Stock equal to the number of shares of Common Stock that would have been received if this Warrant had been exercised in full and the shares of Preferred Stock received thereupon had been simultaneously converted into shares of Common Stock immediately prior to such event, and the Exercise Price shall be automatically adjusted to equal the amount obtained by dividing (i) the aggregate Exercise Price of the shares of Preferred Stock for this which this Warrant was exercisable immediately prior to such conversion, by (ii) the number of shares of Common Stock for which this Warrant is exercisable immediately after such conversion.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock (or Common Stock in the event that the Preferred Stock has been converted into Common Stock) as granted herein shall commence on the Effective Date and shall be exercisable for a period ending nine (9) years from the date of execution hereof, or

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Nonvoting Common Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period ending on the seventh (7th) anniversary of the Effective Date.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to subscribe and purchase Warrant Interests as granted herein shall commence on the Effective Date and shall be exercisable for a period of ten (10) years from the Effective Date.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of this Warrant Agreement and the right to purchase Preferred Stock as granted herein shall commence on the Effective Date and shall be exercisable for a period of (i) five (5) years or (ii) three (3) years from the effective date of the Company's initial public offering, whichever is earlier. Notwithstanding the term of this Warrant Agreement fixed pursuant to the above paragraph, the right to purchase Preferred Stock as granted herein shall expire, if not previously exercised immediately upon the closing of a merger or consolidation of the Company with or into another corporation when the Company is not the surviving corporation, or the sale of all or substantially all of the Company's properties and assets to any other person (the "Merger") provided in which Warrantholder realizes a value for its shares equal to or greater than $4.31865 per share. The Company shall notify the Warrantholder if the Merger is proposed in accordance with the terms of 8(f) hereof, and if the Company fails to deliver such written notice, then notwithstanding anything to the contrary in this Warrant Agreement, the rights to purchase the Company's Preferred Stock shall not expire until the Company complies with such notice provisions. Such notice shall also contain such details of the proposed Merger as are reasonable in the circumstances. If such closing does not take place, the Company shall promptly notify the Warrantholder that such proposed transaction has been terminated, and the Warrantholder may rescind any exercise of its purchase rights promptly after such notice of termination of the proposed transaction If the exercise of Warrants has occurred after the Company notified the Warrantholder that the Merger was proposed. In the event of such rescission, the Warrants will continue to be exercisable on the same terms and conditions contained herein.

TERM OF THE WARRANT AGREEMENT. Except as otherwise provided for herein, the term of Warrant Agreement and the right to purchase a Partnership Interest as granted herein shall commence on the date of execution hereof and shall be exercisable for a period of (i) ten (10) years after the date of execution hereof, or (ii) five (5) years from the effective date of the Partnership's initial public offering, whichever occurs first. Notwithstanding the term of this Warrant Agreement fixed pursuant to this Section, the right to purchase Units as granted herein may be redeemed by the Company, if not previously exercised immediately upon any of the following events (collectively, "Redemption Events"): (i) immediately upon the closing of the issuance and sale of shares of Common Stock of the Company in the Company's first public offering of Securities for its own account pursuant to an effective registration statement under the Securities Act of 1933, as amended (the "Initial Public Offering") and provided that the underwriters request such exercise; (ii) immediately upon the closing of a merger or consolidation of the Company with or into another entity when the Company is not the surviving entity, or the sale of all or substantially all of the Company's properties and assets to any other person (the "Merger"). Prior to any such redemption, the Partnership or its successor shall give the holder of this Warrant no less than twenty (20) days prior written notice of its intent to redeem this Warrant. Such notice shall contain information with respect to the Redemption Event giving rise to such redemption, the redemption date and the redemption price together with a description of the terms of the redemption of the Management Options. The redemption price shall be the difference between the exercise