Certain Elections. In the event that Parent has not effected an ----------------- underwritten public offering of Parent Common Stock (other than any offering pursuant to any registration statement (i) relating to any capital stock of Parent or options, warrants or other rights to acquire any such capital stock issued or to be issued primarily to directors, officers or employees of Parent, or any of its subsidiaries (ii) relating to any employee benefit plan or interest therein, (iii) relating principally to any preferred stock or debt securities of Parent, or (iv) filed pursuant to Rule 145 under the Securities Act of 1933, as amended, or any successor or similar provision) resulting in net cash proceeds to Parent of at least $20,000,000 (the "IPO") on or before December 31, 1998:
Appears in 2 contracts
Sources: Agreement and Plan of Exchange (Group Maintenance America Corp), Agreement and Plan of Exchange (Group Maintenance America Corp)