Common use of Failure of Purchase Clause in Contracts

Failure of Purchase. In the event (A) the Subscribing Entity fails to exercise its Subscription Right provided in this Section 1 within said three (3) Business Day period, or (B) if so exercised, the Subscribing Entity fails or is unable to consummate such purchase within the one hundred eighty (180) day period specified in Section 1(iii), without prejudice to other remedies, THHC shall thereafter be entitled during the Additional Sale Period to sell the Proposed Securities not elected to be purchased pursuant to this Section 1 or which the Subscribing Entity fails to, or is unable to, purchase, at a price and upon terms no more favorable in any material respect to the purchasers of such securities than were specified in THHC’s notice to Purchaser. In the event THHC has not sold the Proposed Securities within the Additional Sale Period, THHC shall not thereafter offer, issue or sell such Proposed Securities without first offering such securities to Purchaser in the manner provided above.

Failure of Purchase. In the event (A) the Subscribing Entity a Purchaser fails to exercise its Subscription Right provided in this Section 1 within said three (3) Business Day period, or (B) if so exercised, the Subscribing Entity a Purchaser fails or is unable to consummate such purchase within the one hundred eighty (180) day period specified in Section 1(iii), without prejudice to other remedies, THHC shall thereafter be entitled during the Additional Sale Period to sell the Proposed Securities not elected to be purchased pursuant to this Section 1 or which the Subscribing Entity such Purchaser fails to, or is unable to, purchase, at a price and upon terms no more favorable in any material respect to the purchasers of such securities than were specified in THHC’s notice to such Purchaser. In the event THHC has not sold the Proposed Securities within the Additional Sale Period, THHC shall not thereafter offer, issue or sell such Proposed Securities without first offering such securities to the applicable Purchaser in the manner provided above.

Failure of Purchase. In the event (A) the Subscribing Entity a Purchaser fails to exercise its Subscription Right provided in this Section 1 5.9 within said three (3) Business Day period, or (B) if so exercised, the Subscribing Entity a Purchaser fails or is unable to consummate such purchase within the one hundred eighty (180) 180 day period specified in Section 1(iii5.9(a)(iii), without prejudice to other remedies, THHC the Company shall thereafter be entitled during the Additional Sale Period to sell the Proposed Securities not elected to be purchased pursuant to this Section 1 5.9 or which the Subscribing Entity such Purchaser fails to, to or is unable to, to purchase, at a price and upon terms no more favorable in any material respect to the purchasers of such securities than were specified in THHCthe Company’s notice to such Purchaser. In the event THHC the Company has not sold the Proposed Securities within the Additional Sale Period, THHC the Company shall not thereafter offer, issue or sell such Proposed Securities without first offering • ffering such securities to the applicable Purchaser in the manner provided above.