Broadly Distributed Public Offering definition
Broadly Distributed Public Offering means a broadly distributed public offering of the Shares, in which, for the avoidance of doubt:
Broadly Distributed Public Offering means a public offering in which no one purchaser acquires greater than 5% of the Collateral Shares.
Broadly Distributed Public Offering means a public offering in which no one purchaser acquires greater than 5% of the Collateral Shares. If, no later than two (2) business days following the Company’s receipt from the Agent of a copy of a notice of a Collateral Call Event delivered to the Borrower, the Company makes an effective registration statement available to the Agent, the Lender and/or their designated affiliates for the sale of the Pledged Shares upon foreclosure, it complies with their reasonable requests in connection with their establishment of a due diligence defense (including, without limitation, provision of customary representations, warranties, indemnities, comfort letters and negative assurance letters) and the Agent determines to sell Pledged Shares pursuant to such registration statement (a “Registered Disposition”), then such Registered Disposition must be conducted in consultation with the Company (which may elect to waive any or all of the restrictions specified in clauses (i) and (ii) above in its sole discretion) and the Agent shall consult with any potential buyer the Company may suggest (it being understood, for the avoidance of doubt, that any Registered Disposition must comply with the restrictions specified in clauses (i) and (ii) above unless such compliance has been waived by the Company in its sole discretion). The Agent shall notify the Company in advance of any sale or other disposition of Pledged Shares, but shall be under no obligation to consult with, or take direction from, the Company in respect of any such sale or other disposition that is not a Registered Disposition. In no event shall the Agent or the Lender in exercising their remedies under the Loan Agreements and the Security Agreements be under any obligation to sell Pledged Shares pursuant to any such registration statement.
More Definitions of Broadly Distributed Public Offering
Broadly Distributed Public Offering means a broadly distributed public offering of any Shares, in which, for the avoidance of doubt:
Broadly Distributed Public Offering means any offering and sale of Yahoo! Common Stock in a public offering pursuant to an effective registration statement under the Securities Act if, to SOFTBANK’s knowledge (after inquiry of the managing underwriters, if any, of such offering), no person or entity, other than the underwriters (if any), purchases in such offering more than 2% of the then outstanding shares of Yahoo! Common Stock. In connection with any transfer of shares of Yahoo! Common Stock permitted pursuant to clause (B) or (C) of this Section 2.2 otherwise than pursuant to Rule 144 under the Securities Act or in an offering pursuant to an effective registration statement under the Securities Act, Yahoo! agrees to use its commercially reasonable efforts, pursuant to a registration rights agreement mutually acceptable to Yahoo! and SOFTBANK and containing customary terms and conditions, to effect the registration pursuant to the Securities Act of the resale by the transferee of such shares. Except as provided in the immediately preceding sentence, Yahoo! shall have no obligation hereunder to effect the registration of any securities pursuant to the Securities Act.
Broadly Distributed Public Offering means a public offering in which no one purchaser acquires greater than 5% of the Subject Securities.