Common use of Termination of Certain Rights Clause in Contracts

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a registration statement filed with and declared effective by the SEC under the Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Tier Technologies Inc), Investors' Rights Agreement (Tier Technologies Inc)

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Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections 1.1 and 1.2 above will terminate upon the earliest earlier to occur of (ia) the closing of the Company's initial first public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the Securities Act of 1933, as amended (the "1933 Act"), or and (iib) the acquisition (by merger, consolidation or otherwise) of time at which the Company where the surviving entity is becomes subject to the reporting requirements of the Securities Exchange Act of 1934, as amended (the "1934 Act"), other than in connection with the Company's initial public offering.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Netscreen Technologies Inc), Investors' Rights Agreement (Netscreen Technologies Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the Securities Act of 1933, as amended (the "Securities ---------- Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). ---

Appears in 2 contracts

Samples: Series a Preferred Stock Purchase Agreement (Asymetrix Learning Systems Inc), Rights Agreement (Asymetrix Learning Systems Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). ---------------

Appears in 2 contracts

Samples: Investors Rights Agreement (Onsale Inc), Series B Preferred Stock Exchange Agreement (Asymetrix Learning Systems Inc)

Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section 3.1 Sections 1.1, 1.2 and 1.4 above will terminate upon the earliest earlier of (ia) the closing of the Company's ’s initial public offering of Class A Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the “Securities Act, or ”) and (iib) a Deemed Liquidation Event (as defined in the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange ActRestated Certificate).

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Basis Global Technologies, Inc.), Investors’ Rights Agreement (Basis Global Technologies, Inc.)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 ------------------------------- Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").

Appears in 1 contract

Samples: Investor Rights Agreement (Analytical Graphics Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 1.1 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock shares pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").

Appears in 1 contract

Samples: Rights Agreement (Tengtu International Corp)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 1.1 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").

Appears in 1 contract

Samples: Rights Agreement (Virage Logic Corp)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, ") or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Securities Exchange Act of 1934, as amended (the "1934 Act").

Appears in 1 contract

Samples: Rights Agreement (Inktomi Corp)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 will 2.1 shall terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a registration statement filed with and declared effective by the SEC under the Securities ActAct (the "Company's Initial Public Registration"), or (ii) the acquisition (by merger, ------------------------------------- consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act.

Appears in 1 contract

Samples: Shareholders' Rights Agreement (Tut Systems Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections l.l and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act").

Appears in 1 contract

Samples: Investor Rights Agreement (Analytical Graphics Inc)

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Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). --------------

Appears in 1 contract

Samples: Investors' Rights Agreement (Centaur Pharmaceuticals Inc)

Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section 3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's ’s initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the “Securities Act”), or (ii) and upon the acquisition (by merger, consolidation or otherwise) closing of a Sale of the Company where the surviving entity is subject to the reporting requirements of the Exchange ActCompany.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Bill.com Holdings, Inc.)

Termination of Certain Rights. The Company's ’s obligations under ----------------------------- Section 3.1 Sections 1.1 and 1.2 above will terminate upon the earliest of (i) the closing of the Company's ’s initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the “Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act”).

Appears in 1 contract

Samples: Investors’ Rights Agreement (Splunk Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections 1.1, 1.2 and 1.3 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) ," and with such offering being referred to herein as the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act"IPO").

Appears in 1 contract

Samples: Investors' Rights Agreement (Alladvantage Com Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 Sections 1.1, 1.2 and 1.4 above will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective registration statement filed with and declared effective by the SEC under the U.S. Securities ActAct of 1933, or as amended (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act"SECURITIES ACT").

Appears in 1 contract

Samples: Investors' Rights Agreement (Sportsline Usa Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- this Section 3.1 will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a an effective firmly underwritten registration statement filed with and declared effective by the SEC under the U.S. Securities Act of 1933, as amended (the "Securities Act, or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements of the Exchange Act."). --------------

Appears in 1 contract

Samples: S Rights Agreement (Marketfirst Software Inc)

Termination of Certain Rights. The Company's obligations under ----------------------------- Section 3.1 2.1 and 2.2 herein will terminate upon the earliest of (i) the closing of the Company's initial public offering of Common Stock pursuant to a registration statement filed with and declared effective by the SEC Securities and Exchange Commission (the "SEC") under the Securities Act of 1933, as amended (the "Securities Act") (the "Company's Initial Public Registration"), or (ii) the acquisition (by merger, consolidation or otherwise) of the Company where the surviving entity is subject to the reporting requirements requirement of the Securities Exchange ActAct of 1934, as amended.

Appears in 1 contract

Samples: Stockholder Rights Agreement (Diva Systems Corp)

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