Common use of Investors’ Option Clause in Contracts

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. If the Company fails to purchase all of the Offered Shares under Section 3.3(b) above, at any time within ten fifteen (1015) 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 Transferor 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 If, and only if, the Investor Acceptance Notices delivered pursuant to this Section 3.3(c) taken together indicate a desire to purchase all but not less than all of the terms of Section 3.3(f) belowOffered Shares, 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 Transferor and such Investors. The Transferring Restricted Stockholder Transferor 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 fifteen (1015) 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 by giving written notice of such election (the "“Investor Acceptance Notice"”) to the Transferring Restricted Stockholder Transferor 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 If, and only if, the Investor Acceptance Notices delivered pursuant to this Section 3.3(c) taken together indicate a desire to purchase all but not less than all of the terms of Section 3.3(f) belowOffered Shares, 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 Transferor and such Investors. The Transferring Restricted Stockholder Transferor 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(b5.3(b) above, at any time within ten thirty (1030) 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 Principal Shareholder 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 (dSection 5.3(d) below). Subject to the terms of Section 3.3(f) below, the 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(c5.3(c) (along with the purchase by the Company of any Shares under paragraph (bSection 5.3(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 Principal Shareholder and such Investors. The Transferring Restricted Stockholder Principal Shareholder shall notify the Investors promptly if any Investor fails to offer to purchase all of its Pro Rata Fraction.