Common use of Failure to Exercise Clause in Contracts

Failure to Exercise. If the Purchaser fails to exercise in full the right of first refusal within the 10-day period, then the Company will have one hundred eighty (180) days thereafter to sell the New Securities with respect to which the Purchaser’s right of first refusal hereunder was not exercised, at a price not materially different to the purchasers thereof than specified in the Company’s Notice to the Purchaser. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser pursuant to this Section 6.

Failure to Exercise. If the Purchaser fails Major Purchasers fail to exercise in full the right of first refusal within the 10-day period, then the Company will have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s right Major Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserMajor Purchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180120-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Major Purchasers pursuant to this Section 69.5.

Failure to Exercise. If the a Purchaser fails fail to exercise in full the right of first refusal within the 10-day period, then the Company will have one hundred eighty (180) days thereafter to sell the New Securities with respect to which the Purchaser’s right Purchasers’ rights of first refusal hereunder was not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserPurchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Purchasers pursuant to this Section 6.

Failure to Exercise. If the Purchaser fails Major Purchasers fail to exercise in full the right of first refusal within the 10-day 10‑day period, then the Company will have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s right Major Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserMajor Purchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-day 120‑day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Major Purchasers pursuant to this Section 651.

Failure to Exercise. If the Purchaser fails Purchasers fail to exercise in full the right of first refusal within the 10-10 day period, then the Company will have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s right Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserPurchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-120 day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Purchasers pursuant to this Section 68.

Failure to Exercise. If In the event that the Purchaser fails to exercise in full the right of first refusal offer within the 10-such twenty (20) day period, then the Company will shall have one hundred eighty ninety (18090) days thereafter after the expiration of such twenty (20) day period to sell the New Securities with respect to which the Purchaser’s right 's rights of first refusal offer hereunder was were not exercised, at a price not materially different and upon terms equal to or more favorable to the purchasers thereof Company than those specified in the Company’s 's Notice to the Purchaser. If In the event that the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-such ninety (90) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those such New Securities to the Purchaser pursuant to this Section 65.

Failure to Exercise. If the Purchaser fails to exercise in full the right of first refusal within the 10-day 10day period, then the Company will have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s right rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the Purchaser. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-day 120day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser pursuant to this Section 6.

Failure to Exercise. If the Purchaser fails Purchasers fail to exercise in full the right of first refusal within the 10-day period, then the Company will have one hundred eighty (180) 120 days thereafter to sell the New Securities with respect to which the Purchaser’s right Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserPurchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180120-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Purchasers pursuant to this Section 65.

Failure to Exercise. If In the event that the Purchaser fails to exercise in full the right of first refusal within the 10-day such fifteen (15) Business Day period, then the Company will shall have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s 's right of first refusal hereunder was not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to Pro Rata Rights Notice. In the Purchaser. If event that the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-such one hundred twenty (120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those such New Securities to the Purchaser pursuant to this Section 64(i).

Failure to Exercise. If the Purchaser fails Major Purchasers fail to exercise in full the right of first refusal within the 10-day 10‑day period, then the Company will have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s right Major Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserMajor Purchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-day 120‑day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Major Purchasers pursuant to this Section 6.

Failure to Exercise. If In the event that the Purchaser fails to exercise in full the right of first refusal within the 10-such 5 business day period, then the Company will shall have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s 's right of first refusal hereunder was not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s 's Notice to the PurchaserRights Holders. If In the event that the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-such one hundred twenty (120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those such New Securities to the Purchaser pursuant to this Section 64(i).

Failure to Exercise. If the Purchaser fails Major Purchasers fail to exercise in full the right of first refusal within the 10-day 10day period, then the Company will have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s right Major Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserMajor Purchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-day 120day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Major Purchasers pursuant to this Section 6.

Failure to Exercise. If the Purchaser fails Purchasers fail to exercise in full the right of first refusal within the 10-day period, then the Company will have one hundred eighty (180) 120 days thereafter to sell the New Securities with respect to which the Purchaser’s right Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserPurchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180120-day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Purchasers pursuant to this Section 6.

Failure to Exercise. If the Purchaser fails Purchasers fail to exercise in full the right of first refusal within the 10-day 10‑day period, then the Company will have one hundred eighty twenty (180120) days thereafter to sell the New Securities with respect to which the Purchaser’s right Purchasers’ rights of first refusal hereunder was were not exercised, at a price and upon general terms not materially different more favorable to the purchasers thereof than specified in the Company’s Notice to the PurchaserPurchasers. If the Company has not issued and sold the minimum amount of New Securities to be sold in the Next Financing within the 180-day 120‑day period, then the Company shall not thereafter issue or sell any New Securities without again first offering those New Securities to the Purchaser Purchasers pursuant to this Section 65.