Common use of Additional Issuance Notices Clause in Contracts

Additional Issuance Notices. The Company shall give written notice (an “Issuance Notice”) of any proposed issuance or sale of New Securities described in Section 3.01(a) to the Pre-emptive Stockholder within five (5) Business Days following any meeting of the Board at which any such issuance or sale is approved. The Issuance Notice shall, if applicable, be accompanied by a written offer from any prospective purchaser seeking to purchase the applicable New Securities (a “Prospective Purchaser”) and shall set forth the material terms and conditions of the proposed issuance or sale, including: (i) the number and description of New Securities proposed to be issued; (ii) the proposed issuance date, which shall be at least ten (10) Business Days from the date of the Issuance Notice; (iii) the proposed purchase price per share of New Securities and all other material terms of the offer or sale; and (iv) if the consideration to be paid by the Prospective Purchaser includes non-cash consideration, the Fair Market Value thereof.

Additional Issuance Notices. The Company shall give written notice (an “Issuance Notice”) of any proposed issuance or sale of New Securities described in Section 3.01(a3.1(a) to the Pre-emptive Stockholder Sibelco within five (5) Business Days following any meeting of the Board at which any such issuance or sale is approved. The Issuance Notice shall, if applicable, be accompanied by a written offer from any prospective purchaser seeking to purchase the applicable New Securities (a “Prospective Purchaser”) and shall set forth the material terms and conditions of the proposed issuance or sale, including: (i) the number and description of New Securities proposed to be issued; (ii) the proposed issuance date, which shall be at least ten (10) Business Days from the date of the Issuance Notice; (iii) the proposed purchase price per share of New Securities and all other material terms of the offer or sale; and (iv) if the consideration to be paid by the Prospective Purchaser includes non-cash consideration, the Fair Market Value thereof.

Additional Issuance Notices. The Company shall give written notice (an “Issuance Notice”) of any proposed issuance or sale of New Securities described in Section 3.01(asubsection (a) above to the Pre-emptive Stockholder Members within five (5) Business Days business days following any meeting approval of the Board at which any such issuance or sale is approvedby the Members in accordance with the terms of this Section 6.01(b). The Issuance Notice shall, if applicable, be accompanied by a written offer from any prospective purchaser seeking to purchase the applicable New Securities (a “Prospective Purchaser”) seeking to purchase New Securities and shall set forth the material terms and conditions of the proposed issuance or saleissuance, including: (i) the number and description of the New Securities proposed to be issuedissued and the percentage interest in the Company such issuance would represent; (ii) the proposed issuance date, which shall be at least ten twenty (1020) Business Days business days from the date of the Issuance Notice; (iii) the proposed purchase price per share of New Securities and all other material terms of the offer or saleprice; and (iv) if the consideration to be paid by the Prospective Purchaser includes non-cash consideration, the Manager’s good-faith determination of the Fair Market Value thereof.

Additional Issuance Notices. The Company shall give written notice (an “Issuance Notice”) of any proposed issuance or sale of New Equity Securities described in Section 3.01(a) to the Pre-emptive Stockholder each Shareholder within five (5) Business Days following any meeting of the Board at which any such issuance or sale is approved. The Issuance Notice shall, if applicable, be accompanied by a written offer from any prospective purchaser seeking to purchase the applicable New Equity Securities (a “Prospective Purchaser”) and shall set forth the material terms and conditions of the proposed issuance or sale, including: (i) the number and description of New Equity Securities proposed to be issued; (ii) the proposed issuance date, which shall be at least ten (10) Business Days days from the date of the Issuance Notice; (iii) the proposed purchase price per share of New Equity Securities and all other material terms of the offer or sale; and (iv) if the consideration to be paid by the Prospective Purchaser includes non-cash consideration, the Fair Market Value thereof.

Additional Issuance Notices. The Company shall give written notice (an “Issuance Notice”) of any proposed issuance or sale of New Securities described in Section 3.01(a9.01(a) to the Pre-emptive Stockholder Emptive Members within five (5) Business Days following any meeting of the Board at which any such issuance or sale is approved. The Issuance Notice shall, if applicable, be accompanied by a written offer from any prospective purchaser seeking to purchase the applicable New Securities (a “Prospective Purchaser”) and shall set forth the material terms and conditions of the proposed issuance or sale, including: (i) the number and description of the New Securities proposed to be issuedissued and the percentage of the Company’s Units then outstanding on a Fully Diluted Basis that such issuance would represent; (ii) the proposed issuance date, which shall be at least ten (10) Business Days from the date of the Issuance Notice; (iii) the proposed purchase price per share of New Securities and all other material terms unit of the offer or saleNew Securities; and (iv) if the consideration to be paid by the Prospective Purchaser includes non-cash consideration, the Board’s good-faith determination of the Fair Market Value thereof.

Additional Issuance Notices. The Company shall give written notice (an “Issuance Notice”) of any proposed issuance or sale of New Securities described in Section 3.01(a4.01(a) to the Pre-emptive Stockholder Preemptive Stockholders within five (5) Business Days following any meeting of the Board at which any such issuance or sale is approved. The Issuance Notice shall, if applicable, be accompanied by a written offer from any prospective purchaser seeking to purchase the applicable New Securities (a “Prospective Purchaser”) and shall set forth the material terms and conditions of the proposed issuance or sale, including: (i) the number and description of New Securities proposed to be issued; (ii) the proposed issuance date, which shall be at least ten (10) 20 Business Days from the date of the Issuance Notice; (iii) the proposed purchase price per share of New Securities and all other material terms of the offer or sale; and (iv) if the consideration to be paid by the Prospective Purchaser includes non-cash consideration, the Fair Market Value thereof.