Company’s Right to Sell. In the event any Investor fails to exercise its right within such twenty (20) day period to acquire its full Preemptive Share Percentage of the New Securities offered, the Company shall have sixty (60) days to sell or enter into an agreement to sell (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within one hundred twenty (120) days from the date of such agreement) all such New Securities for which the Investor preemptive rights were not exercised, at a price and upon terms not more favorable in any material respect to the purchasers thereof than specified in the Company’s notice delivered pursuant to Section 7.3. In the event the Company has not sold within such sixty (60) day period or entered into any agreement to sell all such New Securities within such sixty (60) day period (or sold and issued all such New Securities in accordance with the foregoing within one hundred twenty (120) days from the date of such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Investor in the manner provided in this Section 7.
Company’s Right to Sell. If not all of the Eligible Holders elect to purchase their Pro Rata Share of the Equity Securities, then the Company shall promptly notify in writing the Eligible Holders who do so elect and shall offer such Eligible Holders the right to acquire such unsubscribed shares on a pro rata basis. The Eligible Holders shall have five (5) days after receipt of such notice to notify the Company of its election to purchase all or a portion of such unsubscribed shares. The Company shall have ninety (90) days after the thirty (30) day period described in Section 3.3 hereof to sell all such New Securities respecting which the Eligible Holders’ rights of first refusal hereunder were not exercised, at a price and upon terms no more favorable in any material respect to the purchasers thereof than specified in the Company’s notice. In the event the Company has not sold all such New Securities within such ninety (90) day period, the Company shall not thereafter issue or sell any New Securities without first notifying the Eligible Holders in the manner provided herein.
Company’s Right to Sell. The Company shall have 45 days after the 15-day period described in Section 3.3 hereof to sell all such New Securities respecting which the Major Investors’ rights of first refusal hereunder were not exercised, at a price equal to and upon terms no more favorable in any material respect to the purchasers thereof than those specified in the Company’s notice. In the event the Company has not sold all such New Securities within such 45 day period, the Company shall not thereafter issue or sell any New Securities without first notifying the Major Investors in the manner provided herein.
Company’s Right to Sell. In the event an Investor fails within the thirty (30) day period set forth above to agree to purchase the full pro-rata share to which such Investor is pursuant to this Section 8 entitled to purchase and after the expiration of the fifteen (15) day period for the exercise of the over-allotment provisions of this Section 8, the - 39 - Company shall have 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 ninety (90) days from the date of said agreement) to sell all such New Securities respecting which such Investor's option to purchase was not exercised, at a price and upon general terms no more favorable to the purchasers thereof than specified in the Company's notice delivered to each Investor pursuant to Section 8.3. In the event the Company has not sold within said ninety (90) day period, or entered into an agreement to sell, all such New Securities within said ninety (90) day period (or sold and issued all such New Securities in accordance with the foregoing within ninety (90) days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to each Investor in the manner provided above.
Company’s Right to Sell. The Company shall have ninety (90) days after the thirty (30) day period described in Section 3.3 hereof to sell all New Securities in respect of which the Preferred Holders elected not to exercise their right of first refusal, at a price and upon terms no more favorable in any material respect to the purchasers thereof than specified in the Company’s notice. In the event the Company has not sold all such New Securities within such ninety (90) day period, the Company shall not thereafter issue or sell any New Securities without first notifying the Preferred Holders in the manner provided herein and otherwise complying with the provisions of this Section 3.
Company’s Right to Sell. If, within twenty (20) days after ----------------------- delivery of aforesaid notice, the Purchasers, Prior Holders, Common Shareholders and Additional Shareholders do not notify the Company that they desire, or notify the Company that they do not desire, to purchase all of their pro rata portion of the Equity Securities described in such notice upon the terms and conditions set forth in such notice, the Company may, during a period of sixty (60) days following the end of such twenty (20) day period, sell and issue such securities as to which the Purchasers, Prior Holders, Common Shareholders and Additional Shareholders do not indicate a desire to purchase to another person upon the same terms and conditions as those set forth in the notice to the Purchasers, the Prior Holders, Common Shareholders and Additional Shareholders. In the event the Company has not sold the Equity Securities within said sixty (60) day period, the Company shall not thereafter issue or sell any Equity Securities without first offering such securities to the Purchasers, Prior Holders, Common Shareholders and Additional Shareholders who qualify under Section 3.1 above in the manner provided above.
Company’s Right to Sell. In the event the Investors fail to exercise within said twenty-day period the right of first refusal as to all New Securities offered in such notice, the Company shall have 120 days thereafter to sell all such New Securities not elected to be purchased by the Investors, at a price and upon general terms no more favorable in any material respect to the purchasers thereof than specified in the Company's notice. In the event the Company has not sold all such New Securities within said 120-day period, the Company shall not thereafter issue or sell any New Securities, without first offering such securities to the Investors in the manner provided herein.
Company’s Right to Sell. In the event an Investor within the 30 day period set forth above to agree to purchase its or his full Pro Rata Share to which such Investor is pursuant to this Section 8 entitled to purchase, and after the expiration of the 15 day period for the exercise of the over-allotment rights under Section 8.1, if applicable, 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 90 days after the date of said agreement) to sell all such New Securities respecting which such Investor's pre-emptive right to purchase was not exercised, at a price and upon general terms no more favorable to the purchasers thereof than specified in the 28 32 Company's notice delivered to each Investor pursuant to Section 8.3. In the event the Company has not sold, or entered into an agreement to sell, all such New Securities within such 90 day period (or sold and/or issued all such New Securities in accordance with the foregoing within 90 days after the date of such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to each Investor in the manner provided above.
Company’s Right to Sell. In the event the existing Stockholders fail to exercise the right of first refusal as to the New Securities offered within said thirty (30) day period, the Company shall have 60 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 120 days from the date of said agreement) to sell all such New Securities respecting which the right to purchase provided in Section 2.10.1 was not exercised, at a price and upon the general terms not more favorable in any material respect to the purchasers thereof than specified in the Company's notice. In the event the Company has not sold within said 60 day period or entered into any agreement to sell all such New Securities within said 60 day period (or sold and issued all such New Securities in accordance with the foregoing within 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 Stockholders in the manner provided above.
Company’s Right to Sell. Notwithstanding anything herein to the contrary, during the term of this Agreement, the Company reserves the right to sell Product into the Territory at any time, provided, however, that the Agent shall be entitled to receive fees with respect to such sales that would have been payable to the Agent had it made such sales on the Company’s behalf. The agent should be properly notified of any such dialogue, in order to avoid overselling and inappropriate negotiations on behalf of the agent.
