Common use of Agreement in Connection with Initial Public Offering Clause in Contracts

Agreement in Connection with Initial Public Offering. Warrantholder agrees, in connection with the Initial Public Offering, (i) not to sell, make short sale of, loan, grant any options for the purchase of, or otherwise dispose of any shares of capital stock held by the Warrantholder (other than any shares included in the offering) without the prior written consent of the Company or the underwriters managing such offering for a period of 180 days from the effective date of such registration statement, and (ii) to execute any agreement reflecting clause (i) above as may be requested by the Company or the managing underwriters at the time of such offering; provided, however, the foregoing provision shall only become effective if and when (A) the Lock-Up Threshold occurs and (B) all persons entitled to registration rights with respect to shares of Common Stock, all other persons selling shares of Common Stock in such offering, all persons holding in excess of one percent (1%) of the Common Stock of the Company on a as converted basis and all executive officers and directors of the Company shall also have agreed not to sell publicly their Common Stock under the circumstances and pursuant to the terms set forth in this Section 10(f).

Appears in 2 contracts

Sources: Warrant Agreement (Aveo Pharmaceuticals Inc), Warrant Agreement (Aveo Pharmaceuticals Inc)

Agreement in Connection with Initial Public Offering. Warrantholder agrees, in connection with the Initial Public Offering, (i) not to sell, make short sale of, loan, grant any options for the purchase of, or otherwise dispose of any shares of capital stock held by the Warrantholder (other than any shares included in the offering) without the prior written consent of the Company or the underwriters managing such offering for a period of 180 days from the effective date of such registration statement, and (ii) to execute any agreement reflecting clause (i) above as may be requested by the Company or the managing underwriters at the time of such offering; provided, however, the foregoing provision shall only become effective if and when (A) the Lock-Up up Threshold occurs and (B) all persons entitled to registration rights with respect to shares of Common Stock, all other persons selling shares of Common Stock in such offering, all persons holding in excess of one percent (1%) of the Common Stock of the Company on a as converted basis and all executive officers and directors of the Company shall also have agreed not to sell publicly their Common Stock under the circumstances and pursuant to the terms set forth in this Section 10(f).

Appears in 1 contract

Sources: Warrant Agreement (Aveo Pharmaceuticals Inc)