Common use of Company’s Right to Sell Clause in Contracts

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. In If the event an Investor fails within the thirty Series A Holders and Series B Holders (30as a group) day period set forth above to agree have not elected to purchase the full pro-all of their 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 8New Securities, 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 the New Securities respecting which such Investor's option to purchase was not exercised, purchased by the Series A Holders and Series B Holders (the "Available New Securities") 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 delivered to each Investor pursuant to Section 8.3notice. In the event the Company has not sold within said ninety (90) day period, period or entered into an agreement to sell, all such sell the Available New Securities within said ninety (90) day period (or sold and issued all such the Available 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 Securities, without first offering such New Securities securities to each Investor the Series A Holders and Series B Holders in the manner provided above.

Company’s Right to Sell. In the event an Investor or the Founder fails within the thirty (30) day period set forth above to agree to purchase the its or his full pro-rata share Pro Rata Share to which such Investor or the Founder is entitled pursuant to this Section 8 --------- entitled to purchase purchase, and after the expiration of the fifteen (15) day period for the exercise of the over-allotment provisions of this rights under Section 88.1, if applicable, ----------- 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 after the date of said agreement) to sell all such New Securities respecting which such Investor's option or the Founder'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 Company's notice delivered to each Investor or the Founder pursuant to Section ------- 8.3. In the event the Company has not sold within said ninety (90) day periodsold, or entered into an agreement to --- sell, all such New Securities within said such ninety (90) day period (or sold and and/or issued all such New Securities in accordance with the foregoing within ninety (90) days from after the date of said such agreement), the Company shall not thereafter issue or sell any New Securities without first offering such New Securities to each Investor and the Founder in the manner provided above.