Common use of Acceptance Notice Clause in Contracts

Acceptance Notice. the price per share of Common Stock in the Unsolicited Offer is increased, the Company may, not later than 24 hours prior to the latest time by which Common Stock must be tendered in order to be accepted in the Unsolicited Offer, rescind its Section 6.5 Acceptance Notice (in which event it will have no obligation to purchase such Section 6.5 Securities and such Section 6.5 Securities may be sold into the Unsolicited Offer). Notwithstanding anything to the contrary contained in this Section 6.5, for so long as the agreement deemed to exist upon delivery of a Section 6.5 Acceptance Notice remains in effect, the Investor shall not and shall cause the Investor Group not to, tender any Voting Securities pursuant to the Unsolicited Offer. (b) The purchase price for any Section 6.5 Securities (the "Section 6.5 Price"), assuming simultaneous conversion of any Series A Convertible Preferred Stock, shall be the per share price of Common Stock paid in the Unsolicited Offer. The value of any securities offered in the Unsolicited Offer shall equal the average Market Price per share or per unit of such securities during the 30 consecutive trading days immediately preceding the Company's receipt of the Section 6.5