Common use of Form of Initial Public Equity Offering Clause in Contracts

Form of Initial Public Equity Offering. The Company agrees that it will not make an Initial Public Equity Offering of any class of its Capital Stock (other than the Shares) without amending the terms of the Company's certificate of incorporation to provide that the Shares are convertible into the class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-share basis and that the rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the Shares.

Appears in 1 contract

Sources: Warrant Agreement (Verio Inc)

Form of Initial Public Equity Offering. The Company Holdings agrees -------------------------------------- that it will not make an Initial Public Equity Offering of any class of its Capital Stock (other than the Sharesclass to which the Shares belong) without amending the terms of the Company's Holdings' certificate of incorporation to provide that the Shares are convertible into the class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-share basis and that the ------------- rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the Shares.

Appears in 1 contract

Sources: Warrant Agreement (Bedding Experts Inc)

Form of Initial Public Equity Offering. The Company agrees that it will not make an Initial Public Equity Offering of any class of its Capital Stock (other than the Sharesclass to which the Shares belong) without amending the terms of the Company's ’s certificate of incorporation to provide that the Shares are Common Stock is convertible into the class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-for share basis and that the rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the SharesCommon Stock.

Appears in 1 contract

Sources: Warrant Agreement (Transportation Technologies Industries Inc)

Form of Initial Public Equity Offering. The Company agrees that it will not make an Initial Public Equity Offering of any class of its Capital Stock (as defined in Section 5.01(l) (other than the Sharesclass to which the Shares belong) without amending the terms of the Company's ’s certificate of incorporation to provide that the Shares are Common Stock is convertible into the class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-share basis and that the rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the SharesCommon Stock.

Appears in 1 contract

Sources: Warrant Agreement (Transportation Technologies Industries Inc)

Form of Initial Public Equity Offering. The Company agrees that it will not make an Initial Public Equity Offering of any class of its Capital Stock (other than the Sharesclass to which the Shares belong) without amending the terms of the Company's ’s certificate of incorporation to provide that the Shares are Common Stock is convertible into the class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-share basis and that the rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the SharesCommon Stock.

Appears in 1 contract

Sources: Warrant Agreement (Transportation Technologies Industries Inc)

Form of Initial Public Equity Offering. The Company agrees that it will not make an Initial Public Equity Offering of any class of its Capital Stock (other than the Sharesclass to which the Shares belong) without amending the terms of the Company's certificate of incorporation to provide that the Shares are Class A Common Stock is convertible into the class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-share basis and that the rights, conditions and privileges of the Subject Class shall not be adverse to the holders of the SharesClass A Common Stock.

Appears in 1 contract

Sources: Warrant Agreement (Aavid Thermal Technologies Inc)

Form of Initial Public Equity Offering. The Company agrees -------------------------------------- that it will not make an Initial Public Equity Offering of any class of its Capital Stock (other than the Shares) without amending the terms of the Company's certificate of incorporation to provide that the Shares are convertible into the class of Capital Stock subject to the Initial Public Equity Offering (the "Subject Class") on a share-for-share basis and that the rights, ------------- conditions and privileges of the Subject Class shall not be adverse to the holders of the Shares.

Appears in 1 contract

Sources: Warrant Agreement (Equinix Inc)