Exercise by the Company. (a) For a period of twenty (20) days (the “Initial Exercise Period”) after the last date on which the Transfer Notice is, pursuant to Section 8.1, deemed to have been delivered to the Company and all Eligible Investors, the Company shall have the right to purchase all or any part of the Offered Shares on the terms and conditions set forth in this Section 3. In order to exercise its right hereunder, the Company must deliver written notice to Seller within the Initial Exercise Period. (b) Upon the earlier to occur of (i) the expiration of the Initial Exercise Period or (ii) the time when Seller has received written confirmation from the Company regarding its exercise of its Right of First Refusal, the Company shall be deemed to have made its election with respect to the Offered Shares, and the shares for which the Eligible Investors may exercise their Rights of First Refusal (as described below) shall be correspondingly reduced, if appropriate.
Appears in 4 contracts
Samples: Right of First Refusal and Co Sale Agreement (Experience Investment Corp.), Right of First Refusal and Co Sale Agreement (Eyenovia, Inc.), Side Letter Agreement (Juno Therapeutics, Inc.)
Exercise by the Company. (a1) For a period of twenty (20) days (the “Initial Exercise Period”) after the last date on which the Transfer Notice is, pursuant to Section 8.18.A hereof, deemed to have been delivered to the Company and all Eligible Investors, the Company shall have the right to purchase all or any part of the Offered Shares on the terms and conditions set forth in this Section 3. In order to exercise its right hereunder, the Company must deliver written notice to Seller within the Initial Exercise Period.
(b2) Upon the earlier to occur of (ia) the expiration of the Initial Exercise Period or (iib) the time when Seller has received written confirmation from the Company regarding its exercise of its Right Rights of First Refusal, the Company shall be deemed to have made its election with respect to the Offered Shares, and the shares for which the Eligible Investors may exercise their Rights of First Refusal (as described below) shall be correspondingly reduced, if appropriate.
Appears in 2 contracts
Samples: Right of First Refusal and Co Sale Agreement (Prosper Marketplace Inc), Right of First Refusal and Co Sale Agreement (Prosper Marketplace Inc)
Exercise by the Company. (a1) For a period of twenty (20) days Days (the “Initial Exercise Period”) after the last date on which the Transfer Notice is, pursuant to Section 8.110.A hereof, deemed to have been delivered to the Company and all Eligible Investors, the Company shall have the right to purchase all or any part of the Offered Shares on the terms and conditions set forth in this Section 3. In order to exercise its right hereunder, the Company must deliver written notice thereof to Seller within the Initial Exercise Period.
(b2) Upon the earlier to occur of (i) the expiration of the Initial Exercise Period or (ii) the time when Seller has received written confirmation from the Company regarding its exercise of its Right of First Refusal, the Company shall be deemed to have made its election with respect to the Offered Shares, and the shares for which the Eligible Investors may exercise their Rights of First Refusal (as described below) shall be correspondingly reduced, if appropriate.applicable, by the number of Offered Shares the Company elects to purchase pursuant to this Section 3.A.
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Exercise by the Company. (a1) For a period of twenty (20) days (the “Initial Exercise Period”) after the last date on which the Transfer Notice is, pursuant to Section 8.18(A) hereof, deemed to have been delivered to the Company and all Eligible Investors, the Company shall have the right to purchase all or any part of the Offered Shares on the terms and conditions set forth in this Section 3. In order to exercise its right hereunder, the Company must deliver written notice to Seller within the Initial Exercise Period.
(b2) Upon the earlier to occur of (ia) the expiration of the Initial Exercise Period or (iib) the time when Seller has received written confirmation from the Company regarding its exercise of its Right of First Refusal, the Company shall be deemed to have made its election with respect to the Offered Shares, and the shares for which the Eligible Investors may exercise their Rights of First Refusal (as described below) shall be correspondingly reduced, if appropriate.
Appears in 1 contract
Samples: Right of First Refusal and Co Sale Agreement (Zagg INC)
Exercise by the Company. (ai) For a period of twenty thirty (2030) days (the “Initial Exercise Period”) after the last date on which the Transfer Notice is, pursuant to Section 8.16.1, deemed to have been delivered to the Company and all Eligible InvestorsCompany, the Company shall have the right to purchase all or any part of the Offered Shares on the terms and conditions set forth in this Section 32.2. In order to exercise its right hereunder, the Company must deliver written notice to Seller within the Initial Exercise Period.
(bii) Upon the earlier to occur of (i) the expiration of the Initial Exercise Period or (ii) the time when Seller has received written confirmation from the Company regarding its the exercise of its Right of First RefusalRefusal pursuant to this Section 2.2, the Company shall be deemed to have made its election with respect to the Offered Shares, and the shares for which the Eligible Investors Senior Preferred Holders may exercise their Rights of First Refusal (as described below) shall be correspondingly reduced, if appropriate.
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Exercise by the Company. (a) For a period of twenty (20) days (the “Initial Exercise Period”) after the last date on which the Transfer Notice is, pursuant to Section 8.1, deemed to have been delivered to the Company and all Eligible InvestorsStockholders, the Company shall have the right to purchase all or any part of the Offered Shares on the terms and conditions set forth in this Section 3. In order to exercise its right hereunder, the Company must deliver written notice to Seller within the Initial Exercise Period.
(b) Upon the earlier to occur of (i) the expiration of the Initial Exercise Period or (ii) the time when Seller has received written confirmation from the Company regarding its exercise of its Right of First Refusal, the Company shall be deemed to have made its election with respect to the Offered Shares, and the shares for which the Eligible Investors Stockholders may exercise their Rights of First Refusal (as described below) shall be correspondingly reduced, if appropriate.
Appears in 1 contract
Samples: Stockholders’ Agreement (Cvent Inc)