Subsequent Public Offering definition

Subsequent Public Offering means a firm commitment underwritten public offering of shares of the Company or other event the result of which is that shares of the Company are tradable on the New York Stock Exchange, American Stock Exchange, NASDAQ National Market or similar market system, in each case, after a Going Private Event. For purposes hereof, “Investors” shall mean the “Investors” as defined in that certain Amended and Restated Purchase Agreement, dated March 17, 2008, by and between the Company and the other parties thereto, and their respective affiliates (not including the Company).

Subsequent Public Offering shall have the meaning as set forth in the Bankruptcy Plan.

Subsequent Public Offering is a public offering of Maker’s securities closing after the Effective Date, whether in a bona fide firm commitment underwritten public offering or in a sale through retail brokers organized by an underwriter.

Examples of Subsequent Public Offering in a sentence

• The Holder acknowledges and agrees that the Warrant Shares shall be subject to the terms of a lock-up agreement to be executed by the Holder and the Company restricting the ability of the Holder to transfer the Warrant Shares for a period of time not to exceed 6 months after the closing of the Subsequent Public Offering.

• The Holder acknowledges and agrees that the Conversion Shares and the Interest Shares shall be subject to the terms of a lock-up agreement to be executed by the Holder and the Company restricting the ability of the Holder to transfer the Conversion Shares and the Interest Shares for a period of time not to exceed six (6) months after the closing of the Subsequent Public Offering.

• At any time after the earlier of (i) the closing of the Subsequent Public Offering or (ii) 9 months after the Plan Effective Date until this Debenture is no longer outstanding, this Debenture shall be convertible, in whole or in part, into shares of Common Stock at the option of the Holder, from time to time.

• The redemption price per share payable to all holders of Class B Common Stock shall be payable in cash in an amount equal to the price per share of Class A Common Stock received by the Corporation in the Subsequent Public Offering, net of per share underwriting discounts and commissions and other per share offering-related expenses as determined by the Board in its sole discretion (which expenses may include expenses and estimated expenses not yet paid).

• If the Subsequent Public Offering is not effective within twelve (12) months from the Effective Date, the balance of the Class 8 Claim, including accrued interest, shall be amortized over twelve months and paid in equal monthly installments commencing on the first day of the month thirteen (13) months after the Effective Date.

More Definitions of Subsequent Public Offering

Subsequent Public Offering means any public offering of Registrable Securities conducted following the consummation of an IPO pursuant to an effective registration statement under the Securities Act (other than a registration statement on Forms S-4 or S-8).

Subsequent Public Offering means the sale of equity securities in a public offering via a registration statement filed with the Securities and Exchange Commission.

Subsequent Public Offering shall have the meaning set forth in the Certificate of Incorporation, as in effect on the Effective Date.

Subsequent Public Offering means the closing of a sale in an underwritten offering, whether primary or secondary, of any shares of Common Stock or Convertible Securities, pursuant to an effective registration statement under the Securities Act (other than a Unit Offering, a registration statement on Forms S-8 or S-4 or any successor forms or any other registration statement relating to a special offering to employees or security holders), unless such Common Stock or Convertible Securities that are the subject of such registration statement are subject to restrictions substantially similar to the restrictions with respect to Class C Common Stock set forth herein.

Subsequent Public Offering is defined in the Amended and Restated Certificate of Incorporation.

Subsequent Public Offering means any primary public offering by the Company of the common stock or any other Capital Stock of the Company pursuant to an effective registration statement under the Securities Act or a similar statute in any other jurisdiction.

Subsequent Public Offering means the closing of a public offering of equity securities pursuant to an effective S-1 in which the Company raises at least $20,000,000 in net cash proceeds.