Subsequent Placement definition

Subsequent Placement means the sale, grant of any option to purchase, or other disposition of by the Company, directly or indirectly, of any of the Company’s or its Subsidiaries’ equity or equity equivalent securities, including, without limitation, any Convertible Securities, Options, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Convertible Securities or Options.

Subsequent Placement has the meaning set forth in Section 4.11(a).

Subsequent Placement shall have the meaning ascribed to such term in Section 4.11(a).

Examples of Subsequent Placement in a sentence

• The Company shall complete the Subsequent Placement and issue and sell the Subscription Amount to the Buyer upon terms and conditions (including, without limitation, unit prices and interest rates) set forth in the Offer Notice, unless a change to such terms and conditions is agreed to in writing between the Company and Buyer.

• The Company shall have ten (10) business days from the expiration of the Offer Period to complete the Subsequent Placement and in connection therewith to issue and sell the Subscription Amount to the Buyer but only upon terms and conditions (including, without limitation, unit prices and interest rates) that are not more favorable to the Buyer or less favorable to the Company than those set forth in the Offer Notice.

• Following such ten (10) business day period, the Company shall publicly announce either (A) the consummation of the Subsequent Placement or (B) the termination of the Subsequent Placement.

• The Company shall deliver, at least ten (10) Business Days prior to the closing of a Subsequent Placement, to SDL, a written notice (the “Pre-Notice”) of any proposed Subsequent Placement (the “Offer”) describing the securities being offered (the “Offered Securities”), which Pre-Notice shall inquire whether SDL or its Affiliates desire to review the details of the Offer.

• SDL and its Affiliates shall have the right to participate in any offer or sale by the Company of any capital stock or other securities of any type whatsoever that are or may become convertible into capital stock (any such offer or sale being referred to as a “Subsequent Placement”) up to SDL’s Pro Rata Portion on the same terms, conditions and price provided for in the Subsequent Placement as more particularly set forth below.

More Definitions of Subsequent Placement

Subsequent Placement means any direct or indirect issuance, offer, sale, grant of any option or right to purchase, or otherwise disposal by the Company or any of its Subsidiaries of any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act), any Convertible Securities, any Options, any debt, any preferred stock or any purchase rights).

Subsequent Placement means any direct or indirect offer, sale, grant of any option to purchase, or other disposition of (or announcement of any offer, sale, grant or any option to purchase or other disposition of) any of the Company’s or its Subsidiaries’ equity, debt or equity equivalent securities, including without limitation any debt, preferred stock or other instrument or security that is, at any time during its life and under any circumstances, convertible into or exchangeable or exercisable for Common Stock or Common Stock Equivalents. A Subsequent Placement shall not include any Excluded Securities or additional closings of the offering contemplated by this Agreement.

Subsequent Placement has the meaning set forth in the Section 4.3.

Subsequent Placement means any, direct or indirect, issuance, offer, sale, grant of any option or right to purchase, or otherwise disposition of (or announcement of any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity or debt security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act), any Common Stock Equivalents, any preferred stock or any purchase rights) of the Company or any of its Subsidiaries, including, without limitation, pursuant to Section 3(a)(9) or Section 3(a)(10) of the 1933 Act.

Subsequent Placement means any, direct or indirect, issuance, offer, sale, grant of any option or right to purchase, or otherwise disposition of any equity security or any equity-linked or related security of the Company or any of its Subsidiaries, including, without limitation, pursuant to Section 3(a)(9) or Section 3(a)(10) of the 1933 Act.

Subsequent Placement means any issuance, offer, sale, grant of any option or right to purchase, or other disposal by the Company or any of its Subsidiaries, directly or indirectly, of any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act), any Participation Securities, any preferred stock or any purchase rights), but for the avoidance of doubt excluding any secondary offerings contemplated by the Founders Registration Rights Agreement or the Registration Rights Agreement (each as defined in the Merger Agreement).

Subsequent Placement means any issuance, offer, sale, grant of any option or right to purchase, or otherwise dispose of (or announce any issuance, offer, sale, grant of any option or right to purchase or other disposition of) any equity security or any equity-linked or related security (including, without limitation, any “equity security” (as that term is defined under Rule 405 promulgated under the 1933 Act)), any Convertible Securities (as defined in the Securities Purchase Agreement), any debt, any preferred stock or any purchase rights (but excluding any Excluded Offering (as defined in the Securities Purchase Agreement)).