Common use of Public Sale Clause in Contracts

Public Sale. The term "Public Sale" shall mean a distribution pursuant to a registration statement under the Securities Act or, if the securities sold are of a class which is publicly traded as evidenced by listing with a national securities exchange, on the NASDAQ National Market or otherwise, a sale to the public which is exempt from the registration requirements of the Securities Act under Rule 144 thereunder or otherwise.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Province Healthcare Co), Iae Inc

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Public Sale. The term "Public Sale" shall mean a distribution any sale of securities to the public pursuant to a registration statement public offering registered under the Securities Act or, if the securities sold are of a class which is publicly traded as evidenced by listing with a national securities exchange, on the NASDAQ National Market or otherwise, a sale to the public which is exempt from through a broker or market-maker pursuant to the registration requirements provisions of Rule 144 (or any successor rule) adopted under the Securities Act or any other public offering not required to be registered under Rule 144 thereunder or otherwisethe Securities Act.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Nuvox Inc /De/), Securities Purchase Agreement (Nuvox Inc /De/)

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Public Sale. The term "Public Sale" shall mean a distribution pursuant to a registration statement under the Securities Act or, if the securities sold are of a class which is publicly traded as evidenced by listing with a national securities exchange, on the NASDAQ National Market or otherwise, a sale to the public which is exempt from the registration requirements of the Securities Act under Rule 144 thereunder or otherwiseAct.

Appears in 1 contract

Samples: Securities Purchase Agreement (E Z Serve Corporation)

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