Qualified Equity Offering

Qualified Equity Offering. The meaning ascribed to it in the Purchase Agreement.

Qualified Equity Offering. Shall mean a public or nonpublic offering by the Company of Common Stock or securities convertible into or exchangeable for Common Stock (or securities convertible into or exercisable for such securities) (collectively, "New Shares") solely for cash; provided, however, that none of the following offerings shall constitute a Qualified Equity Offering: (i) any offering, grant or issuance which is approved by the Board, pursuant to any stock purchase plan, stock ownership plan, stock option plan... or other similar plan where Common Stock is or may be issued or offered, or options or other rights to acquire Common Stock may be granted or offered to, or for the benefit of, any employees, officers, consultants or directors of the Company in their capacity as such, (ii) any offering made as a consideration for the consummation of, and not primarily for the purpose of financing, a merger or acquisition, a partnership or joint venture or strategic alliance or investment by the Company or a similar non-capital-raising transaction, and (iii) the issuance of Common Stock on exercise or conversion of any of the Warrants or other convertible securities from time to time outstanding. View More