Common use of Dispositions in Breach of this Agreement Clause in Contracts

Dispositions in Breach of this Agreement. Any disposition or attempted disposition of any Shares, Option Shares or other Common Stock or Common Stock Equivalents in breach of the provisions of Section 3.1 hereof shall be void, shall constitute a breach of this Agreement and shall entitle the Company or its designee to repurchase all of the Shares, Option Shares or other Common Stock or Common Stock Equivalents, pursuant to the procedures set forth in Section 3.3 hereof, at a purchase price per Share equal to the lower of the Market Value Per Share or the Purchase Price Per Share as of the date of such disposition or attempted disposition, minus, in the case of any Common Stock Equivalents, the applicable exercise or conversion price. The repurchase rights of the Company under this Section 3.2 will lapse if not exercised pursuant to Section 3.3 hereof within 90 days of the date on which the Board of Directors of the Company first receives actual notice of the disposition or attempted disposition giving rise to such repurchase rights, but such failure to exercise shall in no event constitute a waiver of any breach of this Agreement.

Dispositions in Breach of this Agreement. Any disposition or attempted disposition of any Shares, Option Shares or other Common Stock or Common Stock Equivalents in breach of the provisions of Section 3.1 hereof shall be void, shall constitute a breach of this Agreement and shall entitle the Company or its designee to repurchase all of the Shares, Option Shares or other Common Stock or Common Stock Equivalents, pursuant to the procedures set forth in Section 3.3 hereof, at a purchase price per Share equal to the lower of the Market Value Per Share or the Purchase Price Per Share as of the date of such disposition or attempted disposition, minus, in the case of any Common Stock Equivalents, the applicable exercise or conversion price. The repurchase rights of the Company under this Section 3.2 will lapse if not exercised pursuant to Section 3.3 hereof within 90 days of the date on which the Board of Directors of the Company first receives actual notice of the disposition or attempted disposition giving rise to such repurchase rights, but such failure to exercise shall in no event constitute a waiver of any breach of this Agreement.