Common use of Termination of Voting Provisions Clause in Contracts

Termination of Voting Provisions. The provisions of this Section 2 shall continue in full force and effect from the date hereof through the earliest of the following dates, on which date such provisions shall terminate and cease to be in effect: (i) the date of the closing of a firmly underwritten public offering of the Common Stock pursuant to a registration statement filed with the Securities and Exchange Commission (the “SEC”) and declared effective under the Securities Act of 1933, as amended (the “Securities Act”); or (ii) the date of the closing of a sale, lease or other disposition of all or substantially all of the Company’s assets or the Company’s merger into or consolidation with any other corporation or other entity, or any other corporate reorganization, in which the holders of the Company’s outstanding voting stock immediately prior to such transaction own, immediately after such transaction, securities representing less than fifty percent (50%) of the voting power of the corporation or other entity surviving such transaction; provided, however, that this clause “(ii)” shall not apply to a merger effected exclusively for the purpose of changing the domicile of the Company.