Examples of IPO Investor in a sentence
Upon a Qualified IPO that closes on or before the Seventh Anniversary, if the Post IPO Investor Stake Value at the Settlement Date does not equal or exceed the Minimum Investor Stake Value, then the Investor Member shall be entitled to a one-time payment equal to the IPO Shortfall.
In connection with any potential IPO, Investor hereby agrees to execute and deliver to the Company or the underwriters in any such IPO a 180-day lock-up agreement.
In the event the Company issues any Ordinary Shares to any other investor (an “Other Investor”) in a private placement in connection with the Qualified IPO, Investor shall automatically be entitled to the benefit of any terms offered to any such Other Investor that are more favorable to Investor than the terms set forth in this Agreement and the documents referred to herein.
At any time on or after January 1, 2008 and prior to the closing of a Qualified IPO, Investor may, by written notice to the Company, exchange all (but not less than all) of its Class A Common Stock for an equal number of shares of Series A Preferred Stock (the “Exchange Shares”).
The provisions of this Section 9.1 shall have no further force or effect at such time as no IPO Investor continues to beneficially own, in the aggregate, at least five percent (5%) of the Corporation’s then outstanding common stock; provided, however, that such termination shall not terminate the effect of the foregoing provisions of this Section 9.1 with respect to any Specified Corporate Opportunity that first arose prior to such termination.
The provisions of this Section 9.1 shall have no further force or effect at such time as no IPO Investor continues to beneficially own, in the aggregate, at least one percent (1%) of the Corporation’s then outstanding common stock; provided, however, that such termination shall not terminate the effect of the foregoing provisions of this Section 9.1 with respect to any Specified Corporate Opportunity that first arose prior to such termination.
Investor hereby agrees that, if and to the extent requested by the lead underwriter(s) in connection with the IPO, Investor will enter into a lock-up or stand-off agreement under which Investor agrees not to sell or otherwise transfer or dispose of the Note and the Conversion Shares up to one hundred and eighty (180) days immediately following the IPO Closing Date (the “Lockup Period”).
As promptly as practicable after an IPO, Investor shall make available Davix Xxxxx, xx another representative reasonably acceptable to the Company, to serve on the Company's Board of Directors.
If, prior to the Maturity Date, there is an IPO, Investor will be required to convert the principal balance and any unpaid accrued interest (if such interest is not paid in full by the Issuer concurrently with the conversion) on each Convertible Debenture to the Equity Securities at the Conversion Price.
On the date of the closing of such IPO, Investor shall be deemed to be a holder of record of the shares of Common Stock issuable upon such conversion, notwithstanding that this Note shall not have been surrendered as provided above, that notice from Apollon shall not have been received by Investor, or that the certificates evidencing such shares of Common Stock shall not then be actually delivered to Investor.