Common use of Company Right Clause in Contracts

Company Right. To the extent that Investors fail to exercise in full the right of first offer as provided in Section 4.3(a) hereof, the Company shall have 90 days thereafter to sell (or enter into an agreement pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within said 90-day period) the New Securities respecting which the Investors' rights were not exercised, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Company's notice. In the event the Company has not sold the New Securities within said 90-day period (or sold and issued New Securities in accordance with the foregoing within 90 days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities, without first offering such securities to the Investors in the manner provided above.

Appears in 3 contracts

Samples: Investor Rights Agreement (Commerx Inc), Investor Rights Agreement (Commerx Inc), Investor Rights Agreement (Commerx Inc)

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Company Right. To the extent that the Investors fail to exercise in full the right of first offer as provided in Section 4.3(a) hereof, the Company shall have 90 75 days thereafter to sell (or enter into an agreement pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within said 90-day period75 days) the New Securities respecting in respect of which the Investors' rights were not exercised, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Company's noticeFirst Notice. In the event the Company has not sold the New Securities within said 9075-day period (or sold and issued New Securities in accordance with the foregoing within 90 75 days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities, without first offering such securities to the Investors in the manner provided above.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Breakaway Solutions Inc), Investors' Rights Agreement (Breakaway Solutions Inc)

Company Right. To the extent that Investors Major Stockholders fail to exercise in full the right of first offer as provided in Section subsection 4.3(a) hereof, the Company shall have 90 ninety (90) days thereafter to sell (or enter into an agreement pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within said ninety (90-) day period) the New Securities respecting which the InvestorsMajor Stockholders' rights were not exercised, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Company's notice. In the event the Company has not sold the New Securities within said ninety (90-) day period (or sold and issued New Securities in accordance with the foregoing within 90 ninety (90) days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities, without first offering such securities to the Investors Major Stockholders in the manner provided above.

Appears in 2 contracts

Samples: Stockholder Rights Agreement (Diva Systems Corp), Stockholder Rights Agreement (Diva Systems Corp)

Company Right. To the extent that the Investors fail to exercise in full the right of first offer as provided in Section 4.3(a) hereof, the Company shall have 90 days thereafter to sell (or enter into an agreement pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within said 90-day period) the New Securities respecting which the Investors' rights were not exercised, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Company's noticeFirst Notice. In the event the Company has not sold the New Securities within said 90-day period (or sold and issued New Securities in accordance with the foregoing within 90 days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities, without first offering such securities to the Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Xtera Communications, Inc.)

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Company Right. To the extent that Investors Purchasers fail to exercise in full the right of first offer as provided in Section 4.3(a8.1(i)(1) hereof, the Company shall have 90 120 days thereafter to sell (or enter into an agreement pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within said 90120-day period) the New Securities respecting which the InvestorsPurchasers' rights were not exercised, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Company's notice. In the event the Company has not sold the New Securities within said 90120-day period (or sold and issued New Securities in accordance with the foregoing within 90 120 days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities, without first offering such securities to the Investors Purchasers in the manner provided above.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Genaera Corp)

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