Common use of Market Standoff Provision Clause in Contracts

Market Standoff Provision. The Company hereby agrees that, without the prior written consent of Thomxx Xxxsxx Xxxtners, it will not, during the period ending 180 days after the date of the Prospectus, (i) offer, issue, pledge, sell, contract to issue or sell, issue or sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise issue, transfer or dispose of, directly or indirectly, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Common Stock, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Shares to be sold hereunder or (B) the issuance by the Company of shares of Class A Common Stock upon the exercise of options or warrants described in the Prospectus or the grant of options, in the ordinary course of 12 business, pursuant to plans described in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Vitaminshoppe Com Inc)

AutoNDA by SimpleDocs

Market Standoff Provision. The Company hereby agrees that, ------------------------- without the prior written consent of Thomxx Xxxsxx XxxtnersXxxxxx Xxxxxx Partners, it will not, during the period ending 180 days after the date of the Prospectus, (i) offer, issue, pledge, sell, contract to issue or sell, issue or sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise issue, transfer or dispose of, directly or indirectly, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Common Stock, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Shares to be sold hereunder hereunder, or (B) the issuance by the Company of shares of Class A Common Stock upon the exercise of options or warrants described in the Prospectus or the grant conversion of options, a security outstanding on the date hereof of which the Underwriters have been advised in the ordinary course of 12 business, pursuant to plans writing and which is described in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Z Tel Technologies Inc)

Market Standoff Provision. The Company hereby agrees that, without the prior written consent of Thomxx Xxxsxx Xxxtners, it will not, during the period ending 180 days after the date of the Prospectus, (i) offer, issue, pledge, sell, contract to issue or sell, issue or sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise issue, transfer or dispose of, directly or indirectly, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Common Stock, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Shares to be sold hereunder or (B) the issuance by the Company of shares of Class A Common Stock upon the exercise of options or warrants described in the Prospectus or the grant of options, in the ordinary course of 12 business, pursuant to plans described in the Prospectus.

Appears in 1 contract

Samples: Vitaminshoppe Com Inc

Market Standoff Provision. The Company hereby agrees that, without the prior written consent of Thomxx Xxxsxx XxxtnersXxxxxx Xxxxxx Partners, it will not, during the period ending 180 days after the date of the Prospectus, (i) offer, issue, pledge, sell, contract to issue or sell, issue or sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise issue, transfer or dispose of, directly or indirectly, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Common Stock, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Shares to be sold hereunder or (B) the issuance by the Company of shares of Class A Common Stock upon the exercise of options or warrants described in the Prospectus or the grant conversion of options, a security outstanding on the date hereof of which the Underwriters have been advised in the ordinary course of 12 business, pursuant to plans writing and which is described in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Cruel World Inc)

Market Standoff Provision. The Company hereby agrees that, without the prior written consent of Thomxx Xxxsxx XxxtnersXxxxxx Xxxxxx Partners, it will not, during the period ending 180 90 days after the date of the Prospectus, (i) offer, issue, pledge, sell, contract to issue or sell, issue or sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise issue, transfer or dispose of, directly or indirectly, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Common Stock, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Shares to be sold hereunder or (B) the issuance by the Company of shares of Class A Common Stock upon the exercise of options or warrants described in the Prospectus or the grant conversion of options, in a security outstanding on the ordinary course of 12 business, pursuant to plans date hereof and which is described in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Depomed Inc)

AutoNDA by SimpleDocs

Market Standoff Provision. The Company hereby agrees that, without the prior written consent of Thomxx Xxxsxx Xxxtners, it will not, during the period ending 180 days after the date of the Prospectus, (i) offer, issue, pledge, sell, contract to issue or sell, issue or sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise issue, transfer or dispose of, directly or indirectly, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Common Stock, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Shares to be sold hereunder or (B) the issuance by the Company of shares of Class A Common Stock upon the exercise of options or warrants described in the Prospectus or the grant conversion of options, a security outstanding on the date hereof of which the Underwriters have been advised in the ordinary course of 12 business, pursuant to plans writing and which is described in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Versata Inc)

Market Standoff Provision. The Company Each Seller hereby agrees that, without the prior written consent of Thomxx Xxxsxx Xxxtners________________, it will not, during the period ending 180 90 days after the date of the Prospectus, (i) offer, issue, pledge, sell, contract to issue or sell, issue or sell any option or contract to purchase, purchase any option or contract to sell, grant any option, right or warrant to purchase, lend, or otherwise issue, transfer or dispose of, directly or indirectly, any shares of Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock or (ii) enter into any swap or other arrangement that transfers to another, in whole or in part, any of the economic consequences of ownership of the Common Stock, whether any such transaction described in clause (i) or (ii) above is to be settled by delivery of Common Stock or such other securities, in cash or otherwise. The foregoing sentence shall not apply to (A) the Shares Offered Securities to be sold hereunder hereunder, or (B) the issuance by the Company of shares of Class A Common Stock upon the exercise of options or warrants described in the Prospectus or the grant conversion of options, a security outstanding on the date hereof of which the Underwriters have been advised in the ordinary course of 12 business, pursuant to plans writing and which is described in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Exact Sciences Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.