Public Offering Definition Example with 5 Variations

This page contains an example definition of Public Offering, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Public Offering. Means any underwritten sale of Common Stock pursuant to an effective registration statement under the Securities Act filed with the Securities and Exchange Commission on Form S-1 (or a successor form adopted by the Securities and Exchange Commission); provided, that the following shall not be considered a Public Offering: (i) any issuance of Common Stock as consideration or financing for a merger or acquisition and (ii) any issuance of Common Stock or rights to acquire Common Stock to employees... of the Company or its Subsidiaries as part of an incentive or compensation plan. View More Arrow
Found in KEYSTONE AUTOMOTIVE OPERATIONS INC contract

Variations

Public Offering. Means any underwritten sale of Common Stock the Company's capital stock pursuant to an effective registration statement under the Securities Act filed with the Securities and Exchange Commission on Form S-1 or Form S-3 (or a successor form adopted by the Securities and Exchange Commission); provided, provided that the following shall will not be considered a Public Offering: (i) any issuance of Common Stock capital stock as consideration or financing for a merger or acquisition and acquisition,... or (ii) any issuance of Common Stock capital stock or rights to acquire Common Stock capital stock to existing stockholders or to employees of the Company or its Subsidiaries as part of an incentive subsidiaries on Form S-4 or compensation plan. S-8 (or a successor form adopted by the Securities and Exchange Commission) or otherwise. View More Arrow
Found in Paymentus Holdings, Inc. contract
Public Offering. Means means any underwritten sale of Common Stock pursuant to an effective registration statement under the Securities Act filed with the Securities and Exchange Commission on Form S-1 (or a successor form adopted by the Securities and Exchange Commission); Commission) following which the Company's Common Stock is registered pursuant to Section 12 of the Securities Exchange Act of 1934 (as amended); provided, that the following shall not be considered a Public Offering: (i) any issuance of... Common Stock as consideration or financing for a merger or acquisition and (ii) any issuance of Common Stock or rights to acquire Common Stock to employees of the Company or its Subsidiaries as part of an incentive or compensation plan. View More Arrow
Found in Innophos, Inc. contract
Public Offering. Means means any underwritten sale of Common Stock pursuant to an effective registration statement under the Securities Act filed with the Securities and Exchange Commission on Form S-1 (or a successor Successor form adopted by the Securities and Exchange Commission); provided, that the following shall not be considered a Public Offering: (i) any issuance of Common Stock as consideration or financing for a merger or acquisition and (ii) any issuance of Common Stock or rights to acquire Common... Stock to employees of the Company or its Subsidiaries as part of an incentive or compensation plan. For the avoidance of doubt, the term "Common Stock" as used in this definition shall be deemed to include any securities into which the Common Stock may be restructured in accordance with Section 4 hereof. View More Arrow
Found in PAV Republic, Inc. contract
Public Offering. Means means any underwritten sale of Common Stock the Company's common stock pursuant to an effective registration statement under the Securities Act filed with the Securities and Exchange Commission on Form S-1 (or a successor form adopted by the Securities and Exchange Commission); provided, provided that the following shall not be considered a Public Offering: (i) any issuance of Common Stock common stock as consideration or financing for a merger or acquisition acquisition, and (ii) any... issuance of Common Stock common stock or rights to acquire Common Stock common stock to existing securityholders or to employees of the Company or its Subsidiaries as part of an incentive on Form S-4 or compensation plan. Form S-8 (or a successor form adopted by the Securities and Exchange Commission) or otherwise. View More Arrow
Found in COMPLE TEL LLC contract
Public Offering. Means means any underwritten sale of Common Stock pursuant to an effective registration statement under the Securities Act filed with the Securities and Exchange Commission on Form S-1 (or a successor form adopted by the Securities and Exchange Commission); provided, that the following shall not be considered a Public Offering: (i) any issuance of Common Stock as consideration or financing for a merger or acquisition and (ii) any issuance of Common Stock or rights to acquire Common Stock to... employees of the Company or its Subsidiaries as part of an incentive or compensation plan. For the avoidance of doubt, the term "Common Stock" as used in this definition shall be deemed to include any securities into which the Common Stock may be restructured in accordance with Section 8(a) hereof. View More Arrow
Found in KEYSTONE AUTOMOTIVE OPERATIONS INC contract
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