Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi) hereof) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”), the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable). Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary Transfer.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Viking Therapeutics, Inc.), Founder Common Stock Purchase Agreement (Viking Therapeutics, Inc.), Founder Common Stock Purchase Agreement (Viking Therapeutics, Inc.)
Company’s Right to Purchase upon Involuntary Transfer. In ----------------------------------------------------- the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 3 contracts
Samples: Employment Agreement (Netcentives Inc), Common Stock Purchase Agreement (Replaytv Inc), Common Stock Purchase Agreement (Replaytv Inc)
Company’s Right to Purchase upon Involuntary Transfer. In ----------------------------------------------------- the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding excluding, in the event of death death, a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value Fair Market Value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 3 contracts
Samples: Restricted Stock Purchase Agreement (Drugstore Com Inc), Restricted Stock Purchase Agreement (Drugstore Com Inc), Early Exercise Notice and Restricted Stock Purchase Agreement (Top Tier Software Inc)
Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding excluding, in the event of death death, a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value Fair Market Value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 3 contracts
Samples: Stock Option Agreement (Quest Software Inc), Stock Option Agreement (Smelick Robert), Exercise Notice and Restricted Stock Purchase Agreement (Cisco Systems Inc)
Company’s Right to Purchase upon Involuntary Transfer. In the ----------------------------------------------------- event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc)
Company’s Right to Purchase upon Involuntary Transfer. In ----------------------------------------------------- the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Preview Systems Inc), Common Stock Purchase Agreement (Preview Systems Inc)
Company’s Right to Purchase upon Involuntary Transfer. In ----------------------------------------------------- the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Avantgo Inc), Common Stock Purchase Agreement (Avantgo Inc)
Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser for the Shares pursuant to this Agreement (as adjusted for any stock splits, stock dividends and (iithe like) or the fair market value Fair Market Value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 2 contracts
Samples: Stock Option Agreement (Neothetics, Inc.), Stock Option Agreement (Neothetics, Inc.)
Company’s Right to Purchase upon Involuntary Transfer. In the event, ----------------------------------------------------- at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc)
Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser for the Shares pursuant to this Agreement (as adjusted for any stock splits, stock dividends and (iithe like) or the fair market value Fair Market Value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 2 contracts
Samples: Stock Option Agreement (Neothetics, Inc.), Stock Option Agreement (Neothetics, Inc.)
Company’s Right to Purchase upon Involuntary Transfer. In ----------------------------------------------------- the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Onvia Com Inc), Common Stock Purchase Agreement (Onvia Com Inc)
Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereof) above of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding Board of Directors of the Holder and its affiliates, if applicableCompany). Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 1 contract
Samples: Common Stock Purchase Agreement
Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi) hereof) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”), the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price Price paid by Purchaser pursuant to this Agreement and (ii) the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable). Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary Transfer.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Viking Therapeutics, Inc.)
Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi) hereof3(b)(vi)(E)) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by the Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) Section 3 (excluding the Holder and its affiliatesc)(ii), if applicable)below. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 1 contract
Samples: Restricted Stock Purchase Agreement (Cancer Genetics, Inc)
Company’s Right to Purchase upon Involuntary Transfer. In the ----------------------------------------------------- event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 1 contract
Company’s Right to Purchase upon Involuntary Transfer. In ----------------------------------------------------- the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce or death, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliates, if applicable)transfer. Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 1 contract
Company’s Right to Purchase upon Involuntary Transfer. In the event, at any time after the date of this Agreement, of any transfer by operation of law or other involuntary transfer (including divorce death or deathdivorce, but excluding in the event of death a transfer to Purchaser’s Immediate Family as set forth in Section 3(a)(vi3(b)(vi) hereofabove) of all or a portion of the Shares by the record holder thereof (each, an “Involuntary Transfer”)thereof, the Company shall have the right an option to purchase all of the Shares transferred at the greater of (i) the purchase price paid by Purchaser pursuant to this Agreement and (ii) or the fair market value of the Shares on the date of transfer (as determined in good faith by the Board) (excluding the Holder and its affiliatestransfer, if applicablesubject to Section 3(e). Upon such a transfer, the person acquiring the Shares shall promptly notify the Secretary of the Company of such transfer. The Company shall have the right to purchase such Shares shall be provided to the Company for a period of 30 thirty (30) days following receipt by the Company of written notice by the person acquiring the Shares pursuant to such Involuntary TransferShares.
Appears in 1 contract
Samples: Stock Option Agreement (Omeros Corp)