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

Exercise of Pre-emptive Rights. Each Pre-emptive Member shall for a period of ten (10) Business Days following the receipt of an Issuance Notice (the “Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its Preferred Pro Rata Portion of any New Preferred Securities and all or any portion of its Common Pro Rata Portion of any New Common Securities, as applicable, at the respective purchase prices set forth in the Issuance Notice by delivering a written notice to the Company (an “Acceptance Notice”) specifying the number of New Preferred Securities and/or New Common Securities it desires to purchase. If both New Preferred Securities and New Common Securities are offered in the Issuance Notice, the Pre-emptive Members shall have the right to elect to purchase only New Preferred Securities or only New Common Securities. The delivery of an Acceptance Notice by a Pre-emptive Member shall be a binding and irrevocable offer by such Member to purchase the New Securities described therein. The failure of a Pre-emptive Member to deliver an Acceptance Notice by the end of the Exercise Period shall constitute a waiver of its rights under this Article IX with respect to the purchase of such New Securities, but shall not affect its rights with respect to any future issuances or sales of New Securities.

Exercise of Pre-emptive Rights. Each Pre-emptive Member shall for a period of ten five (105) Business Days following the receipt of an Issuance Notice (the “"Exercise Period”") have the right to elect irrevocably to purchase all or any portion of its Preferred Applicable Pro Rata Portion of any New Preferred Securities and all or any portion of its Common Pro Rata Portion of any New Common Securities, as applicable, at the respective purchase prices as set forth in the Issuance Notice by delivering a written notice to the Company (an “"Acceptance Notice”") specifying the number of New Preferred Securities and/or New Common Securities it desires to purchase. If both purchase together with the purchase price for such New Preferred Securities and New Common Securities are offered in the Issuance Notice, the Pre-emptive Members shall have the right to elect to purchase only New Preferred Securities or only New Common Securities. The delivery of an Acceptance Notice by a Pre-emptive Member shall be a binding and irrevocable offer by such Member to purchase the New Securities described therein. The failure of a Pre-emptive Member to deliver an Acceptance Notice together with full payment for any New Securities covered by such Acceptance Notice by 5 p.m. Mountain Time on the end last day of the Exercise Period shall constitute a waiver of its rights under this Article IX with respect to the purchase of such New Securities, but shall not affect its rights with respect to any future issuances or sales of New Securities.

Exercise of Pre-emptive Rights. Each Pre-emptive Member Holder shall for a period of ten (10) 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 Preferred Pre-emptive Pro Rata Portion of any New Preferred Securities on the terms and all or any portion of its Common Pro Rata Portion of any New Common Securitiesconditions, as applicableincluding the purchase price, at the respective purchase prices set forth in the Issuance Notice by delivering a written notice to the Company (an a “Pre-emptive Acceptance Notice”) specifying the number of New Preferred Securities and/or New Common Securities it desires to purchase. If both New Preferred Securities and New Common Securities are offered in the Issuance Notice, the purchase up to its Pre-emptive Members shall have the right to elect to purchase only New Preferred Securities or only New Common SecuritiesPro Rata Portion. The delivery of an a Pre-emptive Acceptance Notice by a Pre-emptive Member Holder shall be a binding and irrevocable offer by such Member Pre-emptive Holder to purchase the New Securities described therein. The failure of a Pre-emptive Member Holder 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 Article IX Section 4.17 with respect to the purchase of such New Securities, but shall not affect its rights with respect to any future issuances or sales of New Securities.

Exercise of Pre-emptive Rights. Each Pre-emptive Member Shareholder shall for a period of ten (10) Business Days 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 Preferred Pre-emptive Pro Rata Portion of any New Preferred Equity Securities on the terms and all or any portion of its Common Pro Rata Portion of any New Common Securitiesconditions, as applicableincluding the purchase price, at the respective purchase prices set forth in the Issuance Notice by delivering a written notice to the Company (an a “Pre-emptive Acceptance Notice”) specifying the number of New Preferred Securities and/or New Common Equity Securities it desires to purchase. If both New Preferred Securities and New Common Securities are offered in the Issuance Notice, the purchase up to its Pre-emptive Members shall have the right to elect to purchase only New Preferred Securities or only New Common SecuritiesPro Rata Portion. The delivery of an a Pre-emptive Acceptance Notice by a Pre-emptive Member Shareholder shall be a binding and irrevocable offer by such Member to purchase the New Equity Securities described therein. The failure of a Shareholder to deliver a Pre-emptive Member to deliver an Acceptance Notice by the end of the Pre-emptive Exercise Period shall constitute a waiver of its rights under this Article IX Section 3.01(c) with respect to the purchase of such New Equity Securities, but shall not affect its rights with respect to any future issuances or sales of New Equity Securities.

Exercise of Pre-emptive Rights. Each Pre-emptive Member shall for a period of ten fourteen (1014) Business Days following the receipt of an Issuance Notice (the “Exercise Period”) have the right to elect irrevocably to purchase all or any portion of its Preferred Pro Rata Portion of any New Preferred Securities and all or any portion of its Common Pro Rata Portion of any New Common Securities, as applicable, at the respective purchase prices set forth in the Issuance Notice by delivering a written notice to the Company (an “Acceptance Notice”) specifying the number of New Preferred Securities and/or New Common Securities it desires to purchase. If both New Preferred Securities and New Common Securities are offered in the Issuance Notice, the Pre-emptive Members shall have the right to elect to purchase only New Preferred Securities or only New Common Securities. The delivery of an Acceptance Notice by a Pre-emptive Member shall be a binding and irrevocable offer by such Member to purchase the New Securities described therein. The failure of a Pre-emptive Member to deliver an Acceptance Notice by the end of the Exercise Period shall constitute a waiver of its rights under this Article IX Section 9.01 with respect to the purchase of such New Securities, Securities but shall not affect its rights with respect to any future issuances or sales of New Securities.