Examples of First Public Offering in a sentence
No Holder shall be entitled to exercise any right provided for in this Article II after the earlier of (i) five years following the date the Company consummates the First Public Offering and is subject to the provisions of the Exchange Act or (ii) the time when all Registrable Securities held by such Holder (together with Registrable Securities held by any affiliate of the Holder with whom such Holder must aggregate its sales under Rule 144) can be sold without registration pursuant to Rule 144.
Within three months of the date of this Agreement, the Company shall obtain and, until the consummation of the First Public Offering, use commercially reasonable efforts to maintain, at its expense, a policy of “key person” life insurance covering the life of the Chief Executive Officer, the death benefit of which insurance shall be payable to the Company.
No provision of this Agreement may be amended or otherwise modified except (i) prior to the First Public Offering, by an instrument in writing executed by all the parties hereto, and (ii) after the First Public Offering, by an instrument in writing executed by the Company and the holders of at least 75% of the Registrable Securities held by the parties hereto at the time of such proposed amendment or modification.
This Agreement shall become effective to amend and restate the Original Agreement in its entirety and shall be binding upon all Shareholders who executed the Original Agreement effective upon the occurrence of both of the following: (i) the execution of this Agreement by the required signatories pursuant to Sections 7.04 and 6.06 hereof and (ii) the consummation on the date of this Agreement of the First Public Offering.
Effective upon the closing of the First Public Offering, Section 4.2 (Right of First Refusal) of the Stockholders Agreement is hereby deleted.