Sale of the Company

Sale of the Company. The sale of the Company to a third party or group of third parties pursuant to which such party or parties acquire all or substantially all of the assets or business of the Company on a consolidated basis.

Sale of the Company. (i) a transaction or series of related transactions with one or more non-affiliates, pursuant to which such non-affiliate(s) acquires capital stock of the Company or the surviving entity, in either case, possessing the voting power to elect a majority of the board of directors or a majority of the outstanding capital stock of the Company or the surviving entity (whether by merger, consolidation, sale or transfer of the Company's outstanding capital stock or otherwise); or (ii) the sale, lease... or other disposition (including exclusive license) of all or substantially all of the Company's assets or any other transaction resulting in all or substantially all of the Company's assets being converted into securities of any other entity or cash; provided, however, that the sale by the Company of capital stock for the purpose of financing its business shall not be deemed to be a Sale of the Company View More

Sale of the Company. (i) the accumulation, by means of any transaction or series of related transactions, whether directly or indirectly, beneficially or of record, by any individual and/or entity of more than 50% the outstanding shares of common stock of the Company, whether by merger, consolidation, sale or other transfer of shares of the Company's common stock, so long as the Company's holders of common stock as of the Effective Date, immediately after such transaction or series of transactions, hold less than... 50% of the common stock of the Company or the voting securities of the surviving or acquiring entity or (ii) a sale of all or substantially all of the assets of the Company, which may include a license transaction; provided, however, that, unless a Qualified IPO has occurred, a transaction shall be a Sale of the Company only if such transaction is a change in the ownership of the Company or a change in the ownership of a substantial portion of the assets of the Company such that the Sale of the Company is a permissible payment under Treasury Regulation 1.409A-3(a)(5) View More

Sale of the Company. A merger or consolidation effecting a change in control of the Company, a sale of all or substantially all of the Company's assets or a sale of a majority of the Company's outstanding voting securities

Sale of the Company. The sale of the Company pursuant to which any "person" or "group" (as those terms are used in Sections 13(d) and 14(d) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder and other than Summit Partners, L.P. and/or any of its affiliated investment funds) acquires (i) capital stock of the Company possessing the voting power under normal circumstances to elect a majority of the Company's board of directors (whether by merger, consolidation or... sale or transfer of the Company's capital stock) or (ii) all or substantially all of the Company's assets determined on a consolidated basis View More

Sale of the Company. (i) during the Due Diligence Period, any agreement, agreement in principle or other commitment (whether or not legally binding or written or oral) relating to a sale of the Company in a single or related series of transactions, whether by merger, consolidation or other transaction (including, without limitation, the sale of outstanding shares of the capital stock of the Company) in which, in each case, the holders of the Company’s voting securities outstanding immediately prior to the... consummation of the transaction or transactions own securities with less than a majority of the voting power of the Company or a successor immediately after the transaction (a “Change in Voting Control”), or by sale or license of all or substantially all of the Company’s assets, or otherwise (a “Competing Transaction”) or (ii) during the Due Diligence Period and for a three-month period following the end of the Due Diligence Period, the consummation of a Competing Transaction; provided, however, that if the consummation of a Competing Transaction occurs during the three-month period after the Due Diligence Period, then such Competing Transaction shall only be a Sale of the Company if any discussion regarding such Competing Transaction was initiated by the Company, or any step in furtherance of it was taken by the Company, during the Due Diligence Period. For clarification, the OccuLogix Transaction, if consummated, shall not be considered a Sale of the Company. For further clarification, any offering by the Company of shares of its capital stock in exchange for cash in which a Change of Voting Control does not occur, shall not be considered a Sale of the Company. View More

Sale of the Company. Shall mean the sale of the Company to an independent third party or group of independent third parties pursuant to which such party or parties acquire (i) a majority of the shares of Common Stock; (ii) capital stock of the Company possessing the voting power under normal circumstances to elect a majority of the Board (whether by merger, consolidation or sale or transfer of the capital stock); or (iii) all or a majority of the Company’s assets determined on a consolidated basis.

Sale of the Company. Means (a) any sale of all or substantially all (as described in the commentary to the Model Business Corporation Act) of the assets of the Company and its subsidiaries on a consolidated basis in one transaction or series of related transactions (but excluding sales to Affiliates), (b) any sale of all or substantially all of the Common Stock in one transaction or series of related transactions or (c) a merger or consolidation, exchange of capital stock, or other transaction which accomplishes... one of the foregoing. View More