Common use of Allocation of Unsubscribed New Securities Clause in Contracts

Allocation of Unsubscribed New Securities. In the event a Preemptive Right Holder fails to exercise such equity preemptive right in full within such fifteen (15) day period, the other Preemptive Right Holders, if any, will have an additional five (5) day period to purchase such Holder's portion not so agreed to be purchased in the same proportion in which such other Holders were entitled to purchase the New Securities (excluding for such purposes such nonpurchasing Holder). Thereafter, the Company will have ninety (90) days to sell the New Securities not elected to be purchased by the Preemptive Right Holders at the same price and upon the same terms specified in the Company's notice described in Section 3.c(i). In the event the Company has not sold the New Securities within such ninety (90) day period, the Company will not thereafter issue or sell any New Securities without first offering such securities in the manner provided above.

Appears in 2 contracts

Samples: Investors Rights Agreement (Seacoast Capital Partners LTD Partnership), Investors Rights Agreement (Valuestar Corp)

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Allocation of Unsubscribed New Securities. In the event a Preemptive Right If any Holder fails to ----------------------------------------- exercise such equity preemptive right in full within such fifteen twenty (1520) day period, then the other Preemptive Right Holders, if any, will have an additional five (5) day period to purchase such Holder's portion not so agreed to be purchased in the same proportion in which such other Holders were entitled to purchase the New Securities (excluding for such purposes such nonpurchasing non-purchasing Holder). Thereafter, the Company will have ninety (90) days to sell the New Securities not elected to be purchased by the Preemptive Right Holders at the same price and upon the same terms specified in the Company's notice described in Section 3.c(i)applicable Preemptive Rights Notice. In the event If the Company has not sold the New Securities within such ninety (90) day period, then the Company will not thereafter issue or sell any New Securities without first offering such securities in the manner provided above.in this Article II. ----------

Appears in 2 contracts

Samples: Shareholders Agreement (Fresh America Corp), Shareholder Agreement (Fresh America Corp)

Allocation of Unsubscribed New Securities. In the event a Preemptive Right Holder ----------------------------------------- fails to exercise such equity preemptive right in full within such fifteen (15) day period, the other Preemptive Right Holders, if any, will have an additional five (5) day period to purchase such Holder's portion not so agreed to be purchased in the same proportion in which such other Holders were entitled to purchase the New Securities (excluding for such purposes such nonpurchasing Holder). Thereafter, the Company will have ninety (90) days to sell the New Securities not elected to be purchased by the Preemptive Right Holders at the same Shareholder Agreement - Page 2 --------------------- price and upon the same terms specified in the Company's notice described in Section 3.c(i)2.02. In the event the Company has not sold the New Securities within ------------ such ninety (90) day period, the Company will not thereafter issue or sell any New Securities without first offering such securities in the manner provided above.

Appears in 1 contract

Samples: Shareholder Agreement (Rice Partners Ii L P)

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Allocation of Unsubscribed New Securities. In the event a Preemptive Right Holder or a Shareholder fails to exercise such equity preemptive right in full within such fifteen (15) day period, the other Preemptive Right HoldersHolders and Shareholders, if any, will have an additional five (5) day period to purchase such Holder's or such Shareholder's portion not so agreed to be purchased in the same proportion in which such other Holders or Shareholders were entitled to purchase the New Securities (excluding for such purposes such nonpurchasing HolderHolder or Shareholder). Thereafter, the Company will have ninety (90) days to sell the New Securities not elected to be purchased by the Preemptive Right Holders and Shareholders at the same price and upon the same terms specified in the Company's notice described in Section 3.c(i)2.02. In the event the Company has not sold the New Securities within such ninety (90) day period, the Company will not thereafter issue or sell any New Securities without first offering such securities in the manner provided above.

Appears in 1 contract

Samples: Shareholder Agreement (Massic Tool Mold & Die Inc)

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