Investors’ Option. If the Company fails to purchase all of the Offered Shares under Section 3.3(b) above, at any time within thirty (30) days after receipt by the Investors of the Additional Offer Notice (the “Investor Option Period”), each Investor may elect to accept the offer to purchase with respect to any or all of the Remaining Shares and shall give written notice of such election (the “Investor Acceptance Notice”) to the Transferring Restricted Stockholder and each Investor within the Investor Option Period, which notice shall indicate the maximum number of Shares that the Investor is willing to purchase, including the number of Shares it would purchase if one or more other Investors do not elect to purchase their Pro Rata Fractions (as defined in paragraph (d) below). The Investor Acceptance Notice shall constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Shares covered by the Investor Acceptance Notice. The closing for any purchase of Shares by the Investors under this Section 3.3(c) (along with the purchase by the Company of any Shares under paragraph (b) above if the Company is purchasing less than all of the Offered Shares) shall take place within thirty (30) days following the expiration of Investor Option Period, at the offices of the Company or on such other date or at such other place as may be agreed to by the Transferring Restricted Stockholder and such Investors. The Transferring Restricted Stockholder shall notify the Investors promptly if any Investor fails to offer to purchase all of its Pro Rata Fraction.
Investors’ Option. If the Company fails to purchase all of the Offered Shares under Section 3.3(b) above, at any time within ten (10) days after receipt by the Investors of the Additional Offer Notice (the "Investor Option Period"), each Investor or its Affiliates, including future funds that have affiliated but not identical general partners, may elect to accept the offer to purchase with respect to any or all of the Remaining Shares and shall give written notice of such election (the "Investor Acceptance Notice") to the Transferring Restricted Stockholder and each Investor within the Investor Option Period, which notice shall indicate the maximum number of Shares that the Investor is willing to purchase, including the number of Shares it would purchase if one or more other Investors do not elect to purchase their Pro Rata Fractions (as defined in paragraph (d) below). Subject to the terms of Section 3.3(f) below, the Investor Acceptance Notice shall constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Shares covered by the Investor Acceptance Notice. The closing for any purchase of Shares by the Investors under this Section 3.3(c) (along with the purchase by the Company of any Shares under paragraph (b) above if the Company is purchasing less than all of the Offered Shares) shall take place within thirty (30) days following the expiration of Investor Option Period, at the offices of the Company or on such other date or at such other place as may be agreed to by the Transferring Restricted Stockholder and such Investors. The Transferring Restricted Stockholder shall notify the Investors promptly if any Investor fails to offer to purchase all of its Pro Rata Fraction.
Investors’ Option. The Investors shall have an option for a period of twenty (20) days from the Investors’ receipt of the Additional Transfer Notice from the Common Holder set forth in Section 3.1(c) to elect to purchase their respective pro rata share of the Remaining Shares at the same price and subject to the same material terms and conditions as described in the Additional Transfer Notice. Each Investor may exercise such purchase option and, thereby, purchase all or any portion of his, her or its pro rata share (with any reallotments as provided below) of the Remaining Shares, by notifying the Common Holder and the Company in writing, before expiration of the twenty (20) day period as to the number of such shares which he, she or it wishes to purchase (including any reallotment). Each Investor’s pro rata share of the Remaining Shares shall be a fraction of the Remaining Shares, of which the number of Equity Securities owned by such Investor on the date of the Transfer Notice shall be the numerator and the total number of Equity Securities held by the Common Holder and all Investors on the date of the Transfer Notice shall be the denominator. Each Investor shall have a right of reallotment such that, if any other Investor fails to exercise the right to purchase its full pro rata share of the Remaining Shares, the other participating Investors may exercise an additional right to purchase, on a pro rata basis, the Remaining Shares not previously purchased. Each Investor shall be entitled to apportion Remaining Shares to be purchased among its partners and affiliates, provided that such Investor notifies the Common Holder of such allocation. If an Investor gives the Common Holder notice that it desires to purchase its pro rata share of the Remaining Shares and, as the case may be, its reallotment, then payment for the Remaining Shares shall be by check or wire transfer, against delivery of the Remaining Shares to be purchased at a place agreed upon between the parties and at the time of the scheduled closing therefor, which shall be no later than forty-five (45) days after the Company’s receipt of the Transfer Notice, unless the Transfer Notice contemplated a later closing with the prospective third party transferee(s) or unless the value of the purchase price has not yet been established pursuant to Section 3.1(e).
Investors’ Option. If the Company elects not to purchase all of the Offered Shares under Section 3.3(b), at any time within 30 days after receipt by the Investors of the Additional Offer Notice (the “Investor Option Period”), each Investor may elect to accept the offer to purchase with respect to any and all of the Remaining Shares and shall give written notice of such election (the “Investor Acceptance Notice”) to the Transferring Stockholder to and each other Investor within the Investor Option Period, which notice shall indicate the maximum number of Remaining Shares that such Investor is willing to purchase, including the number of Remaining Shares it would purchase if one or more other Investors do not elect to purchase their Pro Rata Fractions (as defined in Section 3.3(d) below). An Investor Acceptance Notice shall constitute a valid and enforceable agreement for the sale and purchase of the Remaining Shares covered by such Investor Acceptance Notice. The closing for the purchase of the Remaining Shares by the Investors under this Section 3.3(c) (along with the purchase by the Company of any Shares under Section 3.3(b) if the Company is purchasing less than all of the Offered Shares) shall take place at the offices of the Company no later than the later of (i) 30 days following the expiration of the Investor Option Period, and (ii) five days following the date on which all governmental approval or filing requirements relating to the purchase of the Remaining Shares are satisfied, or on such other date or at such other place as may be agreed to by the Transferring Stockholder and such Investors. The Transferring Stockholder shall notify the Investors promptly if any Investor fails to offer to purchase its Pro Rata Fraction.
Investors’ Option. The Investors shall have the option, but not the obligation, to purchase, pro-rata (in proportion to their holdings of all shares of Common Stock held by all Investors, on an as-converted basis), all or any portion of the Holder Sale Shares on the same terms as specified in the Transferring Holder Notice. Not later than seven days after the Investors receive a Transferring Holder Notice, each Investor shall give written notice to the Transferring Series C Holder and the Company (the "Investors Series C Notice") stating (i) whether or not such Investor elects to exercise its respective option to purchase and (ii) a date and time for consummation of the purchase not more than seven days after the receipt of the Investors Series C Notice by the Transferring Series C Holder. Failure by such Investor to give such notice within such time period shall be deemed an election by such Investor not to exercise its option.
Investors’ Option. At any time within three (3) calendar days after receipt by the Investors of the Offer Notice (the “Option Period”), each Investor may elect to accept the offer to purchase with respect to any or all of the Offered Shares and shall give written notice of such election (the “Acceptance Notice”) to Xxxxxxxx and each Investor within the Option Period, which notice shall indicate the maximum number of Offered Shares that the Investor is willing to purchase, including the number of Offered Shares it would purchase if one or more other Investors do not elect to purchase their Pro Rata Fractions (as defined in paragraph (c) below). The Acceptance Notice shall constitute a valid, legally binding and enforceable agreement for the sale and purchase of the Offered Shares covered by the Acceptance Notice. The closing for any purchase of Offered Shares by the Investors under this Section 7.1(b) shall take place within twenty (20) days following the expiration of the Option Period, at the offices of Xxxxxxxx or on such other date or at such other place as may be agreed to by Xxxxxxxx and such Investors. Xxxxxxxx shall notify the Investors promptly if any Investor fails to offer to purchase all of its Pro Rata Fraction.
Investors’ Option. 16.2.1 Subject to the Investors’ exercising of their rights of co-sale set forth in Section 16.1, each Investor shall have an option for a period of thirty (30) days following the Investor’s receipt of the Transfer Notice to elect to purchase its respective pro rata of the Offer Equity at the same price and subject to the same material terms and conditions as described in the Transfer Notice.
Investors’ Option. The Investor shall have the opportunity to purchase all or any part of the Relevant Shares. If the Investor desires to purchase all or any part of the Relevant Shares, the Investor must, within the fifteen (15)-day period (the “Investor Refusal Period”) commencing on the date of receipt of the Sale Notice by the Investor, give written notice to the Selling Shareholder of the Investor’s election to purchase the Relevant Shares at a price per share equal to the Sale Price. A failure by the Investor to exercise its right of first refusal within the Investor Refusal Period shall be deemed a waiver of such right; however, such failure shall not affect the Investor’s tag-along right as set forth in Section 5.3 below.
Investors’ Option. 15.3.1 The Investor may by notice in writing to the other Parties require that all Disputes or a specific Dispute be resolved by arbitration. If the Investor gives such notice, the Dispute(s) to which such notice refers shall be determined in accordance with Clause 15.4. If such notice is given after service of any process, the Parties must also promptly give notice to the relevant court of Hong Kong that such Dispute(s) will be resolved by arbitration and to immediately terminate any court proceedings relation to such Dispute(s).
Investors’ Option. If the Company falls to exercise the option with respect to all of the Sale Shares, the remaining Investors shall thereupon have the option, but not the obligation, to purchase the remaining Sale Shares on the same terms as specified in the First Refusal Notice. After the expiration of the 20 day period in Section 5.3 hereof, but within 30 days after the receipt of the First Refusal Notice, any electing Investor shall give written notice to the transferring Designated Stockholder and the Company stating that it elects to exercise its option, the number of Sale Shares it elects to purchase, and (unless a closing date has already been set) a date and time for consummation of the purchase not more than 90 days after the giving of such notice by the transferring Designated Stockholder. Failure by such an Investor to give such notice within such time period shall be deemed an election by it not to exercise its option. If more than one Investor exercises this option, the number of remaining Sale Shares which each such Investor shall be entitled to purchase shall be the equal to the product of total number of remaining Sale Shares multiplied by a fraction the numerator of which is the number of shares of Common Stock and Preferred Stock, on an as if converted basis, owned by the Investor and the denominator of which is the number of Common Stock and Preferred Stock, on an as if converted basis, owned by all Investors electing to exercise the option pursuant to this Section 6.
