Common use of Failure to Exercise Clause in Contracts

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty fifteen (3015) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation Preemptive Rights within thirty ten (3010) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of a ten (10) day period from the date of the Second Participation PeriodNotice, or in the event twenty (20) day period from the date of the First Participation Notice (if no Participation Rights Holder Shareholder exercises the its Right of Participation within thirty (30) days following the issuance of the First Participation Noticesuch 20-day period), the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right Rights of Participation hereunder were not exercised) at the same or higher price and upon non-price on terms not materially more favorable to the purchasers thereof than those specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any such New Securities without again first offering such New Securities to the Participation Rights Holders Shareholders pursuant to this Section 33 (Right of Participation).

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty days (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercisedany remaining New Securities) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice, provided that the prospective purchaser of such New Securities shall comply with this Agreement and the Restated Articles, as maybe amended from time to time, to the fullest extent. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty days (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation PeriodPeriod and to the extent that not all New Securities have been subscribed for by the Participation Rights Holders, or in the event no Participation Rights Holder exercises the Right of Participation within thirty fourteen (3014) days following the issuance of the First Participation Notice, the Company shall have ninety (90) 60 days thereafter to sell the New Securities described in the First Participation Notice (with respect the portion to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) 60 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in In the event no that the Participation Rights Holder exercises Right Holders fail to exercise in full the Right of Participation pa within thirty such twenty (3020) days following the issuance of the First Participation Noticeday period, then the Company shall have ninety one hundred twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Participation Right of Holders’ Participation hereunder were Right was not exercised) , at the same or higher a price not more favorable and upon non-price general terms not materially more favorable to the purchasers thereof than specified in the First Participation NoticeRight Notice to the Participation Right Holders. In the event that the Company has not issued and sold such the New Securities within such ninety one hundred twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering the Participation Right in such New Securities to the Participation Rights Right Holders pursuant to this Section 35.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty twenty (3020) business days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Preemptive Rights Holder exercises the Right of Participation Preemptive Rights within thirty (30) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day days period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemptive Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty fifteen (3015) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to Section 3 of this Section 3Appendix.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation Participation, within thirty ten (3010) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the First Participation Period (or the Second Participation Period, or in the event no Period if any Participation Rights Holder exercises the fails to exercise in full or forfeits its Preemptive Right of Participation within thirty (30) days following the issuance of the First Participation Noticein accordance with Section 5.03(b)), the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Preemptive Right of Participation hereunder were not exercised) exercised at the same or higher price and upon non-price terms not materially no more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety ninety- (9090-) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.Article V.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder fully exercises the Right of Participation within thirty twenty (3020) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-non- price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day days period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within Participation, after thirty (30) days following the issuance delivery of the First Participation Notice, the Company shall have ninety (90) 90 days thereafter to sell the remaining New Securities described in the First Participation Notice (with respect to which the Right Participation Rights Holders’ rights of Participation first refusal hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) 90 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 34.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in In the event no that the Participation Rights Holder exercises Right Holders fail to exercise in full the Participation Right of Participation within thirty such five (305) days following the issuance of the First Participation Noticeday period, then the Company shall have ninety one hundred twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Participation Right of Holders’ Participation hereunder were Right was not exercised) , at the same or higher a price not more favorable and upon non-price general terms not materially more favorable to the purchasers thereof than specified in the First Participation NoticeRight Notice to the Participation Right Holders. In the event that the Company has not issued and sold such the New Securities within such ninety one hundred twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering the Participation Right in such New Securities to the Participation Rights Right Holders pursuant to this Section 35.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty ten (3010) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty ten (3010) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty Participation, after fifteen (3015) days following the issuance delivery of the First Participation Notice, the Company shall have ninety sixty (9060) days thereafter to sell offer the New Securities described in the First Participation Notice (with respect to which the Right Participation Rights Holders’ rights of Participation first refusal hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) 60-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders Right Participants pursuant to this Section 34.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event that no Participation Rights Holder exercises has fully exercised the Right of Participation within thirty (30) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and eighty (90180) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and eighty (90180) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty twenty (3020) days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Preemptive Rights Holder exercises the Right of Participation Preemptive Rights within thirty ten (3010) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) 120 days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) 120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemptive Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty days (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercisedany remaining New Securities) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice, provided that the prospective purchaser of such New Securities shall comply with this Agreement and the Fifth Restated Articles, as maybe amended from time to time, to the fullest extent. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty days (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Preemptive Rights Holder exercises the Right of Participation Preemptive Rights within thirty fifteen (3015) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day days period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemptive Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Preemptive Rights Holder exercises the Right of Participation Preemptive Rights within thirty ten (3010) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemptive Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Preemptive Rights Holder exercises the Right of Participation Preemptive Rights within thirty (30) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemptive Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty fifteen (3015) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 34.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty fifteen (3015) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or upon the expiration of the First Participation Period in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of during the First Participation NoticePeriod, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the no Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second First Participation Period, or in the event no if applicable, Second Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of the First Participation NoticePeriod, the Company shall have ninety one hundred twenty (90120) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) exercised at the same or higher price price, and upon non-price terms not materially more favorable to the purchasers thereof thereof, than specified in the First Participation Notice. In the event that the Company has not issued and sold all such New Securities within such ninety one hundred twenty (90120) day period, then the Company shall not thereafter issue or sell any the unissued and unsold New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty twenty (3020) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 34.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty ten (3010) days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were was not exercised) at the same or a higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or ten (10) day period referred to in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of the First Participation NoticeSection 3.4, the Company shall have ninety one hundred twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right Participation Rights Holders’ rights of Participation first refusal hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty such fifteen (3015) days following the issuance of the First Participation Noticebusiness day period, the Company shall have ninety one hundred twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right Participation Rights Holders' rights of Participation first refusal hereunder were not exercised), or enter into an agreement to do so, within sixty (60) days thereafter, at no less than ninety-five percent (95%) of the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that If the Company has not issued and sold such New Securities within such ninety (90) -day period, or entered into an agreement to do so within sixty (60) days thereafter, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 37(f).

Failure to Exercise. Upon the expiration of the Second Participation Period, Period or upon the expiration of the First Participation Period in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of during the First Participation NoticePeriod, the Company shall have ninety one-hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one-hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-non- price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation PeriodPeriod or, or in the event that no Participation Preemptive Rights Holder exercises the Right of Participation Preemptive Rights within thirty ten (3010) days Business Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) , at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than those specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemptive Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty (30) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty days (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercisedany remaining New Securities) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice, provided that the prospective purchaser of such New Securities shall comply with this Agreement and the Restated Articles, as may be amended from time to time, to the fullest extent. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty days (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3Article III.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty twenty (3020) business days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty ten (3010) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.New

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Preemptive Rights Holder exercises the Right of Participation Preemptive Rights within thirty fifteen (3015) days Business 26 Shareholders Agreement Days following the issuance of the First Participation Notice, the Company shall have ninety (90) days thereafter to sell complete the sale of the New Securities described in the First Participation Notice (with respect to which the Right of Participation Preemptive Rights hereunder were not exercised) exercised at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) day days period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemptive Rights Holders pursuant to this Section 37.

Failure to Exercise. Upon the expiration of the Second Participation Preemption Period, or in the event no Participation Preemption Rights Holder exercises the Right of Participation within thirty Preemption, after twenty (3020) days following the issuance of the First Participation Preemption Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities which are described in the First Participation Preemption Notice (with respect to which and have not purchased through exercising the Right of Participation hereunder were not exercised) Preemption at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Preemption Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Preemption Rights Holders pursuant to this Section 310.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty Participation, after ten (3010) business days following the issuance receipt of the First Participation Notice, the Company shall have ninety (90) 120 days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation pursuant to Section 3.3(a) and (b) hereunder were was not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety (90) 120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

Failure to Exercise. Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within thirty fifteen (3015) days following the issuance of the First Participation Notice, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such ninety one hundred and twenty (90120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.