Consummation of IPO. The closing of the IPO as contemplated by the Underwriting Agreement shall be consummated simultaneously with or prior to the Closing.
Consummation of IPO. The consummation of the IPO shall have occurred contemporaneously with the Closing.
Consummation of IPO. The IPO shall have been consummated and Seller shall have sold all of its Shares in the IPO and received the net proceeds (net of Selling Expenses) from the sale of such Shares in the IPO; provided, however, that Buyer shall have sole and absolute right to determine whether to initiate a registration for an IPO and to terminate or withdraw any such registration; provided further, that no decision on the part of Buyer not to initiate or to terminate or withdraw a registration for an IPO shall be considered a breach giving rise to any rights or remedies under this Agreement.
Consummation of IPO. The IPO shall have been consummated in accordance with each of the conditions set forth in Section 4.02 below, as determined by the Agent in its sole discretion, exercised reasonably.
Consummation of IPO. On the IPO Effective Date, the IPO will have been consummated in accordance with each of the conditions set forth in Section 4.02 hereof.
Consummation of IPO. The IPO shall have been consummated or shall be simultaneously consummated with the transactions contemplated hereunder with aggregate net proceeds to Borrower in an amount not less than $100,000,000. There shall 72 be no stop orders or other similar restrictions in place with respect to the registration statement used for the IPO.
Consummation of IPO. If the IPO is not consummated for any reason or no reason, the Employee Ownership Plan and any shares or options issued thereunder shall be null and void and of no force and effect.
Consummation of IPO. Notwithstanding anything to contrary, the failure of the Company to consummate the IPO shall not be deemed to be a breach of any representation, warranty, covenant or agreement contained in this Agreement.
Consummation of IPO. The IPO has been consummated substantially in accordance with the terms of the Transaction Documents. As of the Closing Date, the Transaction Documents have not been altered, amended or otherwise modified or supplemented in any material respect nor has any material condition thereof been waived without the prior written consent of the Administrative Agent.
Consummation of IPO. 65 (f) Related Agreements . . . . . . . . . . . . . . . . . . . . . . 65 (i) Approval of Related Agreements . . . . . . . . . . . 65 (ii) Related Agreements in Full Force and Effect . . . . . 65 (g) Necessary Governmental Authorizations, Etc. . . . . . . . . . . 66 (h) Financial Statements; Pro Forma Balance Sheet and Projections . . . . . . . . . . . . . . . . . . . . . . . . . . 66 5.02 Conditions to All Credit Extensions . . . . . . . . . . . . . . . . . . 67 (a) Notice, Application . . . . . . . . . . . . . . . . . . . . . . 67 (b)
