Existing Rights of First Refusal Sample Clauses

Existing Rights of First Refusal. Allied acknowledges that, prior to the Effective Date, Voyager granted certain rights of first refusal to other entities with respect to the development, construction and operation of a revolving vertical vehicle as more particularly described in the Radius Agreement (the "Prior Grants"). Allied and Voyager acknowledge and agree that with respect to each Prior Grant, Allied shall be granted a right of second refusal, effective upon the waiver of the right of first refusal by the third party or parties to such Prior Grant in accordance with its terms. Allied shall exercise such right of second refusal in accordance with the provisions of Section 5.2 hereof. In the event any Prior Grant expires or terminates pursuant to its terms, Allied shall automatically be granted a right of first refusal with respect thereto.

Existing Rights of First Refusal. If a party holding an Existing ROFR as to any Spectrum Rights exercises or purports to exercise such Existing ROFR (whether or not HITN agrees with the exercise of the Existing ROFR), then at such time as HITN enters into a lease or other use agreement with such third party for such Spectrum Rights or at such time that Flux is no longer entitled to full use of such Spectrum Rights pursuant to the IUA relating to such Spectrum Rights (either, a "Loss of Rights"), then HITN will, within fifteen (15) days following the Loss of Rights, (i) surrender to Flux those shares of Class A Common Stock issued to HITN pursuant to Article 2 with respect to the applicable Spectrum Rights (including any shares issued pursuant to Section 2.03 or Section 2.04, if any, with respect to the CPOPs relating to the applicable Spectrum Rights) and (ii) reimburse Flux, by wire transfer in immediately available funds to the account designated by Flux, all amounts paid to HITN pursuant to Article 2 with respect to the applicable Spectrum Rights. The number of shares described in clause (i) and the amount of cash described in clause (ii) shall be determined by Flux in accordance with the calculations set forth Article 2; provided that the calculation with respect to shares received under Section 2.01(a) shall be as set forth in Section 2.02(a) and the calculation with respect to cash received under Section 2.01(b) shall be as set forth in Section 2.02(b). If HITN disputes the exercise of the Existing ROFR, then HITN shall bear all costs and expenses related to such dispute, unless Flux requests in writing that HITN dispute the purported exercise of the Existing ROFR, in which case Flux shall bear the costs and expenses directly related to such dispute to the extent such costs and expenses are approved by Flux in writing in advance.

Existing Rights of First Refusal. If any party holding a right of first refusal as to any of the spectrum covered by any License or any Lease (an "Existing ROFR") exercises or purports to exercise such Existing ROFR, then at such time that the Company or Purchaser is no longer entitled to full use of the spectrum covered by such Lease or License pursuant to the terms of such Lease or License (a "Loss of Rights"), then Seller shall indemnify each of the Purchaser Indemnified Parties and hold them harmless from and against, any Losses attributable to such Loss of Rights, which shall include, without limitation, the value of the CPOPs covered by such spectrum that is the subject of the Loss of Rights.