Common use of Exercise of Pre-emptive Rights Clause in Contracts

Exercise of Pre-emptive Rights. Each Pre-emptive Stockholder shall for a period of twenty (20) days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its pro rata share of the Additional Company Shares, at the purchase price set forth in the Issuance Notice, by delivering notice to the Company (a “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares it desires to purchase. The delivery of a Pre-emptive Acceptance Notice by a Pre-emptive Stockholder shall be a binding and irrevocable subscription by such Pre-emptive Stockholder for the number of Additional Company Shares described in its Pre-emptive Acceptance Notice in accordance with the terms of this Section 4.03. The failure of a Pre-emptive Stockholder to deliver an Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its rights under this Section 4.03 with respect to the purchase of such Additional Company Shares, but shall not affect its rights with respect to any future issuances or sales of Additional Company Shares.

Exercise of Pre-emptive Rights. Each Pre-emptive Stockholder Member shall for a period of twenty ten (2010) days Business Days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its pro rata share Pro Rata Portion of the Additional Company Shares, any New Securities at the purchase price set forth in the Issuance Notice, Notice by delivering a written notice to the Company (a an “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares New Securities it desires to purchase. The delivery of a Pre-emptive an Acceptance Notice by a Pre-emptive Stockholder Member shall be a binding and irrevocable subscription offer by such Member to purchase the New Securities described therein, provided that such right and obligation of a Pre-emptive Stockholder for Member is subject to the number consummation of Additional Company Shares the issuance or sale described in its Pre-emptive Acceptance the Issuance Notice in accordance with the terms of this Section 4.033.07. The failure of a Pre-emptive Stockholder Member to deliver an Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its rights under this Section 4.03 3.07 with respect to the purchase of such Additional Company SharesNew Securities, but shall not affect its rights with respect to any future issuances or sales of Additional Company SharesNew Securities.

Exercise of Pre-emptive Rights. Each Pre-emptive Stockholder shall for a period of twenty (20) days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have 24 the right to elect irrevocably to purchase all or any portion of its pro rata share of the Additional Company Shares, at the purchase price set forth in the Issuance Notice, by delivering notice to the Company (a “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares it desires to purchase. The delivery of a Pre-emptive Acceptance Notice by a Pre-emptive Stockholder shall be a binding and irrevocable subscription by such Pre-emptive Stockholder for the number of Additional Company Shares described in its Pre-emptive Acceptance Notice in accordance with the terms of this Section 4.03. The failure of a Pre-emptive Stockholder to deliver an Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its rights under this Section 4.03 with respect to the purchase of such Additional Company Shares, but shall not affect its rights with respect to any future issuances or sales of Additional Company Shares.

Exercise of Pre-emptive Rights. Each The Pre-emptive Stockholder Stockholders shall for a period of twenty five (205) days Business Days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its pro rata share their Pre-emptive Portion of any New Securities on the Additional Company Sharesterms and conditions, at including, the purchase price price, set forth in the Issuance Notice, Notice by delivering a written notice to the Company (a “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares it desires New Securities they desire to purchasepurchase up to their Pre-emptive Portion. The delivery of a Pre-emptive Acceptance Notice by a the Pre-emptive Stockholder Stockholders shall be a binding and irrevocable subscription offer by such Pre-emptive Stockholder for Stockholders to purchase the number of Additional Company Shares New Securities described in its Pre-emptive Acceptance Notice in accordance with the terms of this Section 4.03therein, allocated among them as they may agree. The failure of the Pre-emptive Stockholders to deliver a Pre-emptive Stockholder to deliver an Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its their rights under this Section 4.03 3.01(c) with respect to the purchase of such Additional Company SharesNew Securities, but shall not affect its their rights with respect to any future issuances or sales of Additional Company SharesNew Securities.

Exercise of Pre-emptive Rights. Each The Pre-emptive Stockholder shall for a period of twenty ten (2010) days Business Days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its pro rata share Pre-emptive Pro Rata Portion of any New Securities on the Additional Company Sharesterms and conditions, at including the purchase price price, set forth in the Issuance Notice, Notice by delivering a written notice to the Company (a “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares New Securities it desires to purchasepurchase up to its Pre-emptive Pro Rata Portion. The delivery of a Pre-emptive Acceptance Notice by a Pre-emptive Stockholder shall be a binding and irrevocable subscription offer by such Pre-emptive Stockholder for to purchase the number of Additional Company Shares New Securities described in its Pre-emptive Acceptance Notice in accordance with the terms of this Section 4.03therein. The failure of a Pre-emptive Stockholder to deliver an a Pre-emptive Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its rights under this Section 4.03 3.01(c) with respect to the purchase of such Additional Company SharesNew Securities, but shall not affect its rights with respect to any future issuances or sales of Additional Company SharesNew Securities.

Exercise of Pre-emptive Rights. Each Pre-emptive Stockholder shall for a period of twenty ten (2010) days Business Days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its pro rata share Pre-emptive Pro Rata Portion of any New Securities on the Additional Company Sharesterms and conditions, at including the purchase price price, set forth in the Issuance Notice, Notice by delivering a written notice to the Company (a “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares New Securities it desires to purchasepurchase up to its Pre-emptive Pro Rata Portion. The delivery of a Pre-emptive Acceptance Notice by a Pre-emptive Stockholder shall be a binding and irrevocable subscription offer by such Pre-emptive Stockholder for to purchase the number of Additional Company Shares New Securities described in its Pre-emptive Acceptance Notice in accordance with the terms of this Section 4.03therein. The failure of a Pre-emptive Stockholder to deliver an a Pre-emptive Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its rights under this Section 4.03 3.01(c) with respect to the purchase of such Additional Company SharesNew Securities, but shall not affect its rights with respect to any future issuances or sales of Additional Company SharesNew Securities.

Exercise of Pre-emptive Rights. Each The Pre-emptive Stockholder Stockholders shall for a period of twenty five (205) days Business Days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its pro rata share their Pre-emptive Portion of any New Securities on the Additional Company Sharesterms and conditions, at including, the purchase price price, set forth in the Issuance Notice, Notice by delivering a written notice to the Company (a “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares it desires New Securities they desire to purchasepurchase up to their Pre-emptive Portion. The delivery of a Pre-emptive Acceptance Notice by a the Pre-emptive Stockholder Stockholders shall be a binding and irrevocable subscription offer by such Pre-emptive Stockholder for Stockholders to purchase the number of Additional Company Shares New Securities described in its Pre-emptive Acceptance Notice in accordance with the terms of this Section 4.03therein, allocated among them as they may agree. The failure of the Pre-emptive Stockholders to deliver a Pre-emptive Stockholder to deliver an Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its their rights under this Section 4.03 3.01(c) with respect to the purchase of such Additional Company SharesNew Securities, but shall not affect its their rights with respect to any future issuances or sales of Additional Company SharesNew Securities.

Exercise of Pre-emptive Rights. Each Pre-emptive Stockholder shall for a period of twenty ten (2010) days Business Days following the receipt of an Issuance Notice (the “Pre-emptive Exercise Period”) have the right right, but not the obligation, to elect irrevocably to purchase all or any portion of its pro rata share Pre-emptive Pro Rata Portion of any New Securities on the Additional Company Sharesterms and conditions, at including the purchase price price, set forth in the Issuance Notice, Notice by delivering a written notice to the Company (a “Pre-emptive Acceptance Notice”) specifying the number of Additional Company Shares New Securities it desires to purchasepurchase up to its Pre-emptive Pro Rata Portion. The delivery of a Pre-emptive Acceptance Notice by a Pre-emptive Stockholder shall be a binding and irrevocable subscription offer by such Pre-emptive Stockholder for to purchase the number of Additional Company Shares New Securities described in its Pre-emptive Acceptance Notice in accordance with the terms of this Section 4.03therein. The failure of a Stockholder to deliver a Pre-emptive Stockholder to deliver an Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its rights under this Section 4.03 3.01(c) with respect to the purchase of such Additional Company SharesNew Securities, but shall not affect its rights with respect to any future issuances or sales of Additional Company SharesNew Securities.