Underwritten Sale. (a) Beginning one hundred eighty one (181) days after the Effective Time, Section 4.2(a) of this Agreement shall not apply to a Transfer of shares of Diamond Foods Common Stock received by any Member pursuant to this Agreement that are offered and sold as part of an underwritten registered public offering of Diamond Foods Common Stock that is organized by Diamond Foods (a “Secondary Offering”).
Appears in 5 contracts
Samples: Agreement and Plan of Conversion (Diamond Foods Inc), And Restated Agreement and Plan of Conversion (Diamond Foods Inc), Agreement and Plan of Conversion (Diamond Foods Inc)
