Common use of Change in Ownership of the Company Clause in Contracts

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 25 contracts

Samples: Change of Control and Severance Agreement (Comscore, Inc.), Executive Employment Agreement (Comscore, Inc.), Change of Control and Severance Agreement (Comscore, Inc.)

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Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Company’s Board of Directors (the “Board”) will not be considered a Change of Control; or

Appears in 23 contracts

Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Gi Dynamics, Inc.), Change of Control and Severance Agreement (Cutera Inc)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of in Control; or

Appears in 19 contracts

Samples: Original Agreement (Goodness Growth Holdings, Inc.), Employment Agreement (Tenon Medical, Inc.), Employment Agreement (Tenon Medical, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board of Directors will not be considered a Change of in Control; or

Appears in 12 contracts

Samples: Amended Employment Agreement (Nuburu, Inc.), Employment Agreement (Envoy Medical, Inc.), Employment Agreement (Envoy Medical, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than fifty percent (50% %) of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 12 contracts

Samples: Change of Control Agreement (Comscore, Inc.), Severance Agreement (Comscore, Inc.), Change of Control Agreement (Comscore, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs shall occur on the date that any one person, or more than one person acting as a group (“Person”within the meaning of paragraph (iv)), other than a group of which Officer is a member, acquires ownership of the Company stock of the Company that, together with the Company stock held by such Personperson or group, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or.

Appears in 11 contracts

Samples: Change of Control Agreement (Cryolife Inc), Change of Control Agreement (Cryolife Inc), Change of Control Agreement (Cryolife Inc)

Change in Ownership of the Company. A change in the ownership of the Company which occurs shall occur on the date that any one person, or more than one person acting as a group (“Person”within the meaning of paragraph (iv)), other than a group of which Executive is a member, acquires ownership of the Company stock of the Company that, together with the Company stock held by such Personperson or group, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or.

Appears in 8 contracts

Samples: Change of Control Severance Agreement (Artivion, Inc.), Severance Agreement (Artivion, Inc.), Severance Agreement (Artivion, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Company’s Board of Director (the “Board”) will not be considered a Change of Control; or

Appears in 8 contracts

Samples: Executive Severance Agreement (Plantronics Inc /Ca/), Executive Severance Agreement (Plantronics Inc /Ca/), Executive Severance Agreement (Plantronics Inc /Ca/)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 7 contracts

Samples: Executive Employment Agreement (Vivint Solar, Inc.), Executive Employment Agreement (Vivint Solar, Inc.), Executive Employment Agreement (Vivint Solar, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company; provided, except however, that for purposes of this subsection (i), the acquisition of additional stock by any change in one Person, who is considered to own more than 50% of the ownership total voting power of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of in Control; or

Appears in 6 contracts

Samples: Employment Agreement (Constellation Alpha Capital Corp.), Employment Agreement (TrueCar, Inc.), Employment Agreement (TrueCar, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company Company, which occurs is deemed to occur on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 4 contracts

Samples: Employment Agreement (Linear Technology Corp /Ca/), Employment Agreement (Linear Technology Corp /Ca/), Employment Agreement (Linear Technology Corp /Ca/)

Change in Ownership of the Company. A change in the ownership of the Company which occurs shall occur on the date that any one person, or more than one person acting as a group (“Person”within the meaning of paragraph (iv)), other than a group of which Executive is a member, acquires ownership of the Company stock of the Company that, together with the Company stock held by such Personperson or group, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or. 

Appears in 4 contracts

Samples: Severance Agreement (Cryolife Inc), Severance Agreement (Cryolife Inc), Severance Agreement (Cryolife Inc)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), Person acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or;

Appears in 4 contracts

Samples: Change of Control and Severance Agreement (Ambarella Inc), Change of Control and Severance Agreement (Ambarella Inc), Change of Control and Severance Agreement (Ambarella Inc)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that for purposes of this subsection (d), the acquisition of additional securities by any change in the ownership one Person, who is considered to own more than 30% of the stock total voting power of the securities of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of in Control; or;

Appears in 3 contracts

Samples: Severance and Change in Control Agreement (Entrust Inc), Severance and Change in Control Agreement (Entrust Inc), Severance and Change in Control Agreement (Entrust Inc)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board of Directors (the “Board”) will not be considered a Change of Control; or

Appears in 3 contracts

Samples: Change of Control and Severance Agreement (Comscore, Inc.), Retirement and Transition Services Agreement (Comscore, Inc.), Change of Control and Severance Agreement (Comscore, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group ("Person"), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Plantronics Inc /Ca/), Change of Control Severance Agreement (Axos Financial, Inc.), Change of Control Severance Agreement (BofI Holding, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board Company’s board of directors (the “Board”) will not be considered a Change of in Control; or

Appears in 3 contracts

Samples: Stock Option Agreement (Goodness Growth Holdings, Inc.), Stock Option Agreement (Goodness Growth Holdings, Inc.), Stock Option Agreement (Goodness Growth Holdings, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board of Directors of the Company will not be considered a Change of Control; or

Appears in 2 contracts

Samples: Calithera Biosciences, Inc., Calithera Biosciences, Inc.

Change in Ownership of the Company. A change in the ownership of the Company Company, which occurs is deemed to occur on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than fifty percent (50% %) of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 2 contracts

Samples: Change of Control Severance Agreement (Linear Technology Corp /Ca/), Change of Control Severance Agreement (Linear Technology Corp /Ca/)

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Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock shares of the Company that, together with the stock shares held by such Person, constitutes more than 50% of the total voting power of the stock shares of the Company; provided, except however, that for purposes of this subsection (i), the acquisition of additional shares by any change in the ownership one Person, who is considered to own more than 50% of the stock total voting power of the shares of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of in Control; or

Appears in 1 contract

Samples: Employment Agreement (Spreadtrum Communications Inc)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Company’s Board will not be considered a Change of Control; or

Appears in 1 contract

Samples: Executive Severance Agreement (Plantronics Inc /Ca/)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than fifty percent (50% %) of the total voting power of the stock of the Company; provided, except however, that for purposes of this subsection, the acquisition of additional stock by any change in one Person, who is considered to own more than fifty percent (50%) of the ownership total voting power of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; orof

Appears in 1 contract

Samples: Change in Control and Severance Agreement (HashiCorp, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company Company, which occurs is deemed to occur on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than fifty percent (50% %) of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 1 contract

Samples: Employment Agreement (GP Investments Acquisition Corp.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, person or more than one person persons acting as a group (“Person”), acquires ownership of the stock of the Company Company, that, together with the stock held by such Personperson or group, constitutes more than fifty percent (50% %) of the total fair market value or total voting power of the stock of the Company, except Company or of any corporation that any change in the ownership owns at least fifty percent (50%) of the stock total fair market value and total voting power of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; orCompany.

Appears in 1 contract

Samples: Form of Employment Agreement (Pra Group Inc)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company; provided, except however, that for purposes of this subsection (i) the acquisition of additional stock by any change in one Person, who is considered to own more than 50% of the ownership total voting power of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of in Control; or

Appears in 1 contract

Samples: Employment Agreement (TrueCar, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company; provided, except however, that for purposes of this subsection (1), the acquisition of additional stock by any change in one Person, who is considered to own more than 50% of the ownership total voting power of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of in Control; or

Appears in 1 contract

Samples: Employment Agreement (TrueCar, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company Company, which occurs is deemed to occur on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 5051% of the total voting power of the stock of the CompanyCompany (as determined on a fully-diluted basis, including granted and ungranted employee stock options and all stock warrants), except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 1 contract

Samples: Sebastian Grady Employment Agreement (GP Investments Acquisition Corp.)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Company's Board of Director (the “Board”) will not be considered a Change of Control; or

Appears in 1 contract

Samples: Change of Control Severance Agreement (Plantronics Inc /Ca/)

Change in Ownership of the Company. A change in the ownership of the Company which occurs on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; oror EXECUTION VERSION

Appears in 1 contract

Samples: Executive Employment Agreement (Vivint Solar, Inc.)

Change in Ownership of the Company. A change in the ownership of the Company Company, which occurs is deemed to occur on the date that any one person, or more than one person acting as a group (“Person”), acquires ownership of the stock of the Company that, together with the stock held by such Person, constitutes more than 50% of the total voting power of the stock of the Company, except that any change in the ownership of the stock of the Company as a result of a private financing of the Company that is approved by the Board will not be considered a Change of Control; or

Appears in 1 contract

Samples: Ravin Employment Agreement (Rimini Street, Inc.)

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