Common use of First Participation Notice Clause in Contracts

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any). Each Rights Holder shall have ten (10) Business Days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Rights Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Rights Holder’s Preemptive Pro Rata Share). If any Rights Holder fails to so respond in writing within the First Participation Period, then such Rights Holder shall forfeit the right hereunder to purchase its Preemptive Pro Rata Share of such New Securities, but shall not be deemed to forfeit any right with respect to any other issuance of New Securities.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Preemptive Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Preemptive Rights Holder shall have ten thirty (1030) Business Days days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Preemptive Rights Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving a written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Preemptive Rights Holder’s Preemptive Pro Rata Share). If any Preemptive Rights Holder fails to so respond in writing within the First Participation Period, then such Preemptive Rights Holder shall forfeit the right hereunder to purchase its Preemptive Pro Rata Share of such New Securities, but shall not be deemed to forfeit any right with respect to any other issuance of New Securities.

First Participation Notice. In the event that the Company JV proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Preemptive Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company JV proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Preemptive Rights Holder shall have ten (10) Business Days from the date of receipt of any such the First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Preemptive Rights Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice Notice, by giving a written notice to the Company JV and stating therein the quantity of New Securities to be purchased (not to exceed such Preemptive Rights Holder’s Preemptive Pro Rata Share). If any Preemptive Rights Holder fails to so respond agree in writing within the First Participation Periodsuch ten (10) Business Days to purchase such Preemptive Rights Holder’s full Preemptive Pro Rata Share of an offering of New Securities, then such Preemptive Rights Holder shall forfeit the be deemed to have forfeited its right hereunder to purchase that portion of its Preemptive Pro Rata Share of such New SecuritiesSecurities that it did not agree to purchase, but shall not be deemed without prejudice to forfeit participating in any right with respect to any future or other issuance offerings of New Securities.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Preemptive Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, Securities and the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Preemptive Rights Holder shall have ten fifteen (1015) Business Days from the date of receipt delivery of any such First Participation Notice (the “First Participation Period”) to such Preemptive Rights Holder to agree in writing to purchase subscribe up to such Preemptive Rights Holder’s Preemptive Pro Rata Share Portion of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased subscribed (not to exceed such Rights HolderShareholder’s Preemptive Pro Rata SharePortion). If any Preemptive Rights Holder fails to so respond in writing within the First Participation Periodsuch fifteen (15)-Business-Day period, then such Preemptive Rights Holder shall forfeit be forfeited the right hereunder to purchase subscribe its Preemptive Pro Rata Share Portion of such New Securities, but such failure shall not be deemed to forfeit any right with respect to any other issuance of New Securities.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Rights Initial Holder a (if such Initial Holder holds any Notes at such time) written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Rights such Initial Holder shall have ten (10) five Business Days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Rights Initial Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Rights Holder’s Preemptive Pro Rata Share). If any Rights such Initial Holder fails to so respond in writing within the First Participation Periodsuch five Business Day period to purchase such Initial Holder’s full Pro Rata Share of an offering of New Securities, then such Rights Initial Holder shall forfeit the right hereunder to purchase that part of its Preemptive Pro Rata Share of such New SecuritiesSecurities that it did not agree to purchase, but shall not be deemed to forfeit any right with respect to any future or other issuance of New Securities.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Rights Initial Holder a (if such Initial Holder holds any Notes at such time) written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Rights such Initial Holder shall have ten (10) five Business Days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Rights Initial Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Rights HolderHxxxxx’s Preemptive Pro Rata Share). If any Rights such Initial Holder fails to so respond in writing within the First Participation Periodsuch five Business Day period to purchase such Initial Holder’s full Pro Rata Share of an offering of New Securities, then such Rights Initial Holder shall forfeit the right hereunder to purchase that part of its Preemptive Pro Rata Share of such New SecuritiesSecurities that it did not agree to purchase, but shall not be deemed to forfeit any right with respect to any future or other issuance of New Securities.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Participation Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and the type of New Securities, Securities and the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Participation Rights Holder shall have ten fifteen (1015) Business Days business days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to all or any part of such Participation Rights Holder’s Preemptive Pro Rata Share of such the New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Participation Rights Holder’s Preemptive Pro Rata ShareShare of the New Securities). If any Participation Rights Holder fails to so respond agree in writing within the First Participation PeriodPeriod to purchase such Participation Rights Holder’s full Pro Rata Share of the New Securities, then such Participation Rights Holder shall forfeit the right hereunder to purchase that part of its Preemptive Pro Rata Share of such the New Securities, but shall Securities that it did not be deemed agree to forfeit any right with respect to any other issuance of New Securitiespurchase.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Participation Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Participation Rights Holder shall have ten twenty (1020) Business Days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Participation Rights Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Participation Rights Holder’s Preemptive Pro Rata Share). If any Participation Rights Holder fails to so respond in writing within the First Participation Periodsuch twenty (20) Business Day period, then such Participation Rights Holder shall forfeit the right hereunder to purchase its Preemptive Pro Rata Share of such New Securities, but shall not be deemed to forfeit any right with respect to any other issuance of New Securities.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company proposes to issue such New Securities Securities, and the identity and address of each prospective subscriber of the proposed subscribers or purchasers for such New Securities and its controller(s) (if any)Securities. Each Rights Holder shall have ten thirty (1030) Business Days days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Rights Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Rights Holder’s Preemptive Pro Rata Share). If any Rights Holder fails to so respond in writing within the First Participation Period, then such Rights Holder shall forfeit the right hereunder to purchase its Preemptive Pro Rata Share of such New Securities, but shall not be deemed to forfeit any right with respect to any other issuance of New Securities.

First Participation Notice. In the event that the Company proposes to undertake an issuance of New Securities (in a single transaction or a series of related transactions), it shall give to each Preemptive Rights Holder a written notice of its intention to issue New Securities (the “First Participation Notice”), describing the amount and type of New Securities, the price and the general terms and conditions upon which the Company proposes to issue such New Securities and the identity of each prospective subscriber of such New Securities and its controller(s) (if any)Securities. Each Preemptive Rights Holder shall have ten thirty (1030) Business Days days from the date of receipt of any such First Participation Notice (the “First Participation Period”) to agree in writing to purchase up to such Preemptive Rights Holder’s Preemptive Pro Rata Share of such New Securities for the price and upon the terms and conditions specified in the First Participation Notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased (not to exceed such Preemptive Rights Holder’s Preemptive Pro Rata ShareShare of such New Securities). If any Preemptive Rights Holder fails to so respond in writing within the First Participation Periodsuch thirty- (30-) day period, then such Preemptive Rights Holder shall forfeit the right hereunder to purchase its Preemptive Pro Rata Share of such New Securities, but shall not be deemed to forfeit any right with respect to any other issuance of New Securities.