Common Stock Equivalents shall mean any options, restricted stock units, warrants or other securities or rights convertible into or exercisable, exchangeable or settleable for, whether directly or following conversion into or exercise, exchange or settlement for other options, restricted stock units, warrants or other securities or rights, shares of Common Stock or any swap, hedge or similar agreement or arrangement that transfers in whole or in part, the economic risk of ownership of, or voting or other rights of, the Common Stock.
Company SEC Documents shall have the meaning set forth in Section 4.9(a).
Disposition or Dispose of shall mean any (i) pledge, sale, contract to sell, sale of any option or contract to purchase, purchase of any option or contract to sell, grant of any option, right or warrant for the sale of, or other disposition of or transfer of any shares of Common Stock, or any Common Stock Equivalents, including, without limitation, any short sale or similar arrangement, or (ii) swap or any other agreement or any transaction that transfers, in whole or in part, directly or indirectly, the economic consequence of ownership of shares of Common Stock, whether any such swap or transaction is to be settled by delivery of securities, in cash or otherwise.
DOJ shall mean the U.S. Department of Justice.
Effect shall have the meaning set forth in the definition of Material Adverse Effect.
Enforceability Exceptions shall have the meaning set forth in Section 4.4.
Equity Distribution Agreement shall mean that certain Equity Distribution Agreement by and between the Company and Piper Sandler Companies (f/k/a Piper Jaffray & Co.), dated as of October 1, 2019.
Exchange Act shall mean the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.
FTC shall mean the U.S. Federal Trade Commission.
GAAP shall mean generally accepted accounting principles in the United States.
Governmental Authority shall mean any court, arbitrator, agency, authority, department, regulatory body or other instrumentality of any government or country or of any national, federal, state, provincial, regional, county, city or other political subdivision of any such government or country or any supranational organization of which any such country is a member.
HSR Act shall mean the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (15 U.S.C. Sec. 18a), and the rules and regulations promulgated thereunder.
HSR Clearance shall mean, with respect to any HSR Filings, either (i) early termination of the applicable waiting period under the HSR Act or (ii) expiration of the applicable waiting period under the HSR Act.
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