Termination of Lock-Up. Notwithstanding anything to the contrary contained herein, the Lock-Up Terms shall terminate upon the occurrence of any of the following events: (a) a material breach by the Company of this Agreement or the terms of the Purchased Securities which has not been cured (if curable) within 30 days of the Company’s receipt of written notice of such material breach; (b) a Change of Control; or (c) the Company files a Schedule 14D-9 (or successor form of Tender Offer Solicitation/Recommendation Statement under Rule 14d-9 of the Exchange Act) recommending that shareholders accept any such offer.
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Sources: Investor Agreement (Penguin Solutions, Inc.), Investor Agreement (Penguin Solutions, Inc.), Securities Purchase Agreement (SMART Global Holdings, Inc.)
Termination of Lock-Up. Notwithstanding anything to the contrary contained herein, the Lock-Up Terms shall terminate upon the occurrence of any of the following events:
(a) a material breach by the Company of this Agreement or the terms of the Purchased Securities which has not been cured (if curable) within 30 days of the Company’s receipt of written notice of such material breach;
(b) a Change of Control; or
(c) the Company files a Schedule 14D-9 (or successor form of Tender Offer Solicitation/Recommendation Statement under Rule 14d-9 of the Exchange Act) recommending that shareholders stockholders accept any such offer.
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