Common use of Lapse Clause in Contracts

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty million dollars ($20,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 13 contracts

Samples: Stock Purchase Agreement (Amyris Biotechnologies Inc), Strategic Advisory Services Agreement (Amyris Biotechnologies Inc), Strategic Advisory Services Agreement (Amyris Biotechnologies Inc)

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Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination is made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty ten million dollars ($20,000,00010,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 9 contracts

Samples: Stock Option Agreement (CTC Media, Inc.), Stock Purchase Agreement (Masergy Communications Inc), Stock Purchase Agreement (Cisco Systems Inc)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty ten million dollars ($20,000,00010,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Nuvasive Inc), Stock Purchase Agreement (Exult Inc), Stock Purchase Agreement (Broadcom Corp)

Lapse. The First Refusal Right shall lapse upon the earliest EARLIEST to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination is made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty ten million dollars ($20,000,00010,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Vista Medical Technologies Inc), Stock Purchase Agreement (Vista Medical Technologies Inc), Stock Purchase Agreement (Rubios Restaurants Inc)

Lapse. The First Refusal Right shall lapse upon the earliest EARLIEST to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or Stock, (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty million dollars or ($20,000,000)iv) a Corporate Transaction. However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 5 contracts

Samples: Restricted Stock Purchase Agreement (Jetblue Airways Corp), Restricted Stock Purchase Agreement (Jetblue Airways Corp), Restricted Stock Purchase Agreement (Jetblue Airways Corp)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination is made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, offering covering the offer and sale of the Common Stock in the aggregate amount of at least twenty ten million dollars ($20,000,00010,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 3 contracts

Samples: Stock Option Agreement (CTC Media, Inc.), Stock Option Agreement (CTC Media, Inc.), Stock Option Agreement (CTC Media, Inc.)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) 500 persons, (ii) a determination is made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a an firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, IPO covering the offer and sale of the Common Stock in the aggregate amount of at least twenty million dollars ($20,000,000)10,000,000. However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 3 contracts

Samples: Stock Option Agreement (Vital Farms, Inc.), Stock Option Agreement (Vital Farms, Inc.), Stock Option Agreement (Vital Farms, Inc.)

Lapse. The First Refusal Right shall lapse upon the earliest to ----- occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination is made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty ten million dollars ($20,000,00010,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 2 contracts

Samples: Prime Response (Prime Response Group Inc/De), Stock Issuance Agreement (Prime Response Inc/De)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of ----- (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination is made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty ten million dollars ($20,000,00010,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Prime Response Inc/De), Stock Purchase Agreement (Prime Response Group Inc/De)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (iA) the first date on which shares of the Common Stock Shares are held of record by more than two thousand (2,000) persons or more than five hundred (500) personspersons who are not accredited investors, (iiB) a determination made by the Board that a public market exists for the outstanding shares of Common Stock Shares or (iiiC) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, offering covering the offer and sale of the Common Stock Shares in the aggregate amount of at least twenty million dollars ($20,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 2 contracts

Samples: Restricted Stock Unit Issuance Agreement (Waldencast Acquisition Corp.), Restricted Stock Unit Issuance Agreement (Waldencast Acquisition Corp.)

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Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty ten million dollars ($20,000,00010,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First first Refusal Right.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ceres, Inc.), Stock Purchase Agreement (Ceres, Inc.)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty fifteen million dollars ($20,000,00015,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 1 contract

Samples: Stock Issuance Agreement (Veritone, Inc.)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock or Class A Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or Class A Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock or Class A Common Stock in the aggregate amount of at least twenty million dollars ($20,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kior Inc)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or Stock, (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty million dollars ($20,000,000)) or (iv) the closing of a Change in Control. However, the Market Stand-Stand Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 1 contract

Samples: Stock Issuance Agreement (Mast Therapeutics, Inc.)

Lapse. The First Refusal Right shall lapse upon the earliest EARLIEST to occur of (i) the first date on which shares of the Common Stock are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock in the aggregate amount of at least twenty fifty million dollars ($20,000,00050,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 1 contract

Samples: Stock Issuance Agreement (QRS Corp)

Lapse. The First Refusal Right shall lapse upon the earliest to occur of (i) the first date on which shares of the Common Stock Shares are held of record by more than five hundred (500) persons, (ii) a determination made by the Board that a public market exists for the outstanding shares of Common Stock Shares or (iii) a firm commitment underwritten public offering, pursuant to an effective registration statement under the 1933 Act, covering the offer and sale of the Common Stock Shares in the aggregate amount of at least twenty million dollars ($20,000,000). However, the Market Stand-Off shall continue to remain in full force and effect following the lapse of the First Refusal Right.

Appears in 1 contract

Samples: Share Option Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD)

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