Qualified Initial Public Offering

Qualified Initial Public Offering. Means the closing of a firmly underwritten sale of Common Stock by the Company which is registered under the Securities Act of 1933, resulting in gross proceeds to the Company of at least $50,000,000 and the Common Stock being listed on the New York Stock Exchange or the American Stock Exchange or being quoted on the Nasdaq Stock Market.

Qualified Initial Public Offering. Shall mean an underwritten public --------------------------------- offering pursuant to an effective registration statement under the Securities Act of 1933, as amended (the "Securities Act"), of shares of Common Stock, (i) -------------- the aggregate gross proceeds of which equal or exceed $25,000,000, (ii) the per share offering price of which equals or exceeds $20.00 and (iii) which is underwritten by a nationally recognized investment bank;... provided, however, that the per share offering price referred to above shall be adjusted to reflect the effect of any stock split or any subdivision, reclassification or combination of or with respect to outstanding shares of Common Stock after the date of the Agreement. View More

Qualified Initial Public Offering. Shall mean the consummation of an underwritten public offering of Common Stock pursuant to an effective registration statement under the Securities Act of 1933 (the "Securities Act") on Form S-1 (as defined in the Securities Act) or any comparable or successor form or forms with aggregate gross proceeds to the Company of not less than $100 million and resulting in the listing of the Common Stock on a national securities exchange. For the avoidance of doubt, there can only be one Qualified... Initial Public Offering. View More

Qualified Initial Public Offering. Means the first underwritten public offering of the equity of the Company on a firm commitment basis covering the offer and sale of equity of the Company for the account of the Company in which the aggregate public offering price (before deduction of underwriters' discounts and commissions) equals or exceeds $50 million underwritten by a reputable nationally recognized underwriting firm pursuant to which the equity interests will be quoted on the NASDAQ National Market or listed or quoted on... the New York Stock Exchange or another securities exchange acceptable to the Investors. View More

Qualified Initial Public Offering. An underwritten public offering of shares of the Company's capital stock pursuant to an effective registration statement filed under the Act, pursuant to which the Company has (i) generated at least Ten Million Dollars ($10,000,000) of gross offering proceeds, (ii) sold its shares in such offering at a price per share that is (x) at least Five Dollars ($5.00) per share, and (y) at least equal to the product of (A) four and seventeen hundredths (4.17), multiplied times (B) the Series D original... purchase price of $2.40 per share (as adjusted for stock splits with respect to such shares). View More

Qualified Initial Public Offering. Shall mean the Company's initial public offering pursuant to an effective registration statement under the Securities Act covering the offer and sale of the Company's Common Stock to the public with gross proceeds to the Company not less than $20 million at a per share price of at least $7.00.

Qualified Initial Public Offering. Means a firm commitment underwritten public offering pursuant to a registration statement under the Securities Act that results in (i) aggregate gross cash proceeds to the Company and the Permitted Selling Stockholders of at least $100 million (before underwriting discounts and commissions and offering expenses) and (ii) no more than 50% of the Fully Diluted Outstanding capital stock of the Company being held by Persons who were not stockholders or warrantholders of the Company immediately... prior to the public offering; provided, that for purposes of this clause (ii), any shares of Registrable Common Stock sold in the public offering by Permitted Selling Stockholders shall be deemed to be held after the public offering by persons who were stockholders or warrantholders of the Company immediately prior to the public offering. View More

Qualified Initial Public Offering. Shall mean an underwritten public offering pursuant to an effective registration statement under the Securities Act of 1933, as amended, covering the offer and sale of shares of Common Stock of the Company but only if (i) in the aggregate proceeds (before deduction of any underwriting discounts, commissions or expenses) received by the Company from such public offering, at the public offering price, shall equal or exceed $10,000,000; (ii) the public offering price per share of Common Stock of... the Company in such public offering shall equal or exceed an amount equal to 300% of the then Series B Conversion Price (as such term is defined in section 5.02 of Article 4 of the Certificate of Incorporation of the Company (as amended and in effect from time to time, the "Certificate of Incorporation") per share; and (iii) each of the underwriters participating in such public offering shall be obligated to buy on a "firm commitment" basis all shares of capital stock of the Company w hich such underwriters shall have agreed to distribute. View More

Qualified Initial Public Offering. The Company's offering of its securities for sale or resale pursuant to a registration statement under the Securities Act, with aggregate gross proceeds to the Company of no less than $5,000,000

Qualified Initial Public Offering. Means the sale of shares of the Company's Common Stock to the public in a firm-commitment underwritten public offering pursuant to an effective registration statement under the Securities Act of 1933, as amended, resulting in at least $15,000,000 of aggregate proceeds, net of the underwriting discount and commissions, to the Company.