ALTERNATIVE RIGHT TO MAINTAIN OWNERSHIP RATIO RELATIVE TO HNC Sample Clauses

ALTERNATIVE RIGHT TO MAINTAIN OWNERSHIP RATIO RELATIVE TO HNC. If at any time during the Maintenance Period (as defined below) HNC purchases from the Company any newly issued New Securities (an "HNC Purchase") and Thiexxxx xxxs not exercise his Right of First Refusal under Section 1 to purchase any of such New Securities on the terms that such New Securities were offered in such HNC Purchase then, subject to the terms and conditions of this Section 1.6, Thiexxxx xxxll have the non-transferable right, at his option, to purchase from the Company, within thirty (30) days after the Company gives Thiexxxx xxxtten notice of such HNC Purchase and the date on which such HNC Purchase occurred (the "HNC PURCHASE DATE"), that number of shares of the Company's Common Stock (the "MAINTENANCE NUMBER") that, when added to the number of Rights Securities held of record (or issuable upon the conversion, exchange or exercise of other securities held of record) by Thiexxxx xxxediately prior to such HNC Purchase Date (the "PRE-PURCHASE SHARES"), would enable Thiexxxx xx maintain exactly the same Ownership Ratio (as defined below) immediately after such HNC Purchase Date as Thiexxxx xxx immediately prior to such HNC Purchase Date (assuming no transfer, disposition or loss by Thiexxxx xx any securities of the Company owned by him immediately prior to such HNC Purchase Date); provided, however, that notwithstanding the foregoing, the Maintenance Number may not exceed that number of shares of Common Stock that, when added to the Pre-Purchase Shares, would cause Thiexxxx'x Xxx Rata Share (as defined in Section 1.1 hereof) as of immediately after such HNC Purchase Date to be greater than Thiexxxx'x Xxx Rata Share as of immediately prior to such HNC Purchase Date. As used herein, the term "OWNERSHIP RATIO" means the ratio, as of a given date, between (i) the number of Rights Securities held of record (or issuable upon the conversion, exchange or exercise of other securities held of record) by Thiexxxx xx such date and (ii) the number of Rights Securities held of record (or issuable upon the conversion, exchange or exercise of other securities held of record) by HNC on such date. The following terms and conditions apply to any purchase by Thiexxxx xx shares of the Company's Common Stock pursuant to the provisions of this Section 1.6.
Sample 1
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Related to ALTERNATIVE RIGHT TO MAINTAIN OWNERSHIP RATIO RELATIVE TO HNC

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