Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.
Appears in 8 contracts
Samples: Convertible Debenture Purchase Agreement (Air South Airlines Inc), Series C Preferred Stock Purchase Agreement (Air South Airlines Inc), Series B Preferred Stock Purchase Agreement (Air South Airlines Inc)
Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.
Appears in 6 contracts
Samples: Investor Rights Agreement (General Electric Co), Investor Rights Agreement (Tivo Inc), Investor Rights Agreement (Tivo Inc)
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such fifteen (15)-day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.
Appears in 3 contracts
Samples: Investors' Rights Agreement (Rightnow Technologies Inc), Investors' Rights Agreement (Rightnow Technologies Inc), Investors' Rights Agreement (Rightnow Technologies Inc)
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) 90 days thereafter to sell the all such Equity Securities in respect of which the Holders' rights were not exercisedto any other person(s), at a the same price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice were offered to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days4.2, the Company and shall not thereafter issue or have no obligation to sell any Equity Securities, without first offering such equity securities to the Holders in the manner provided aboveHolders.
Appears in 3 contracts
Samples: Investor Rights Agreement (Auxilium Pharmaceuticals Inc), Investor Rights Agreement (Auxilium Pharmaceuticals Inc), Investor Rights Agreement (Auxilium Pharmaceuticals Inc)
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the The Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor’s rights were not exercised, at a price not lower and upon general terms and conditions no not materially more favorable to the purchaser purchasers thereof than specified in the Company's ’s notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.
Appears in 3 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Stitch Fix, Inc.), Investor Rights Agreement (Cidara Therapeutics, Inc.)
Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were Investor's right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 9.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 9.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Cytel Corp/De), Stock Purchase Agreement (Monsanto Co)
Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were Investor's right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 8.3 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 8.3, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Cytel Corp/De), Stock Purchase Agreement (Monsanto Co)
Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusalsubscription rights, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor’s rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's ’s notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.
Appears in 2 contracts
Samples: Investor Rights Agreement (Codexis Inc), Investor Rights Agreement (Codexis Inc)
Issuance of Equity Securities to Other Persons. If the Holders fail Stockholder fails to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Stockholder's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Stockholder pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, days of the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.notice
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Air South Airlines Inc)
Issuance of Equity Securities to Other Persons. If the Holders Stockholders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Stockholder's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Stockholders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Stockholders in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor's rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders Major Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) 90 days thereafter to sell the Equity Securities in respect of which the Holders' Major Investor’s rights were not exercised, at a price and upon terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's ’s notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days90 days of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner Major Investors as provided above.
Appears in 1 contract
Samples: Investor Rights Agreement
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such ten (10) day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities equity securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities equity securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securitiesequity securities, without first offering such securities to the Holders in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor’s rights were not exercised, at a price and upon terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's ’s notice to the Holders Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner Investors as provided above.
Appears in 1 contract
Samples: Investor Rights Agreement
Issuance of Equity Securities to Other Persons. If the Holders fail any Investor fails to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days90 days of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any such Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders any Shareholders fail to exercise in full the rights of first refusalits Preemptive Right pursuant to Section 4.5, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' such Shareholders’ rights were not exercised, at a price and upon general terms and conditions no not materially more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 hereofPreemptive Notice. If the Company has not sold such Equity Securities within such ninety one hundred and ten (90110) daysdays of the date of the Preemptive Notice, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Shareholders in the manner provided aboveset forth in Section 4.5.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor’s rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's ’s notice to the Holders Investors pursuant to Section 4.2 6.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 6.2, the Company shall not thereafter issue or sell any Equity Securities, Securities without first offering such securities to the Holders Investors in the manner provided above.
Appears in 1 contract
Samples: Investor Rights Agreement (Grande Communications Holdings, Inc.)
Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety sixty (9060) days thereafter to sell the Equity Securities in respect of which the HoldersInvestors' rights were not exercised, at a price and upon general terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investors pursuant to Section 4.2 4.1 hereof. If the Company has not sold such Equity Securities within such ninety sixty (9060) daysdays of the notice provided pursuant to Section 4.1, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor’s rights were not exercised, at a price and upon general terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's ’s notice to the Holders Investors pursuant to Section 4.2 hereof4.2. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investors in the manner provided above.
Appears in 1 contract
Samples: Investor Rights Agreement (Five Prime Therapeutics Inc)
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser proposed purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 7.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 7.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.
Appears in 1 contract
Samples: Stock Purchase Agreement (Advanced Remote Communication Solutions)
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such twenty (20) day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 5.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were Investor's right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 4.3 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.3, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders fail Investor fails to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' Investor's rights were not exercised, exercised at a price and upon general terms and conditions no not more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Investor pursuant to Section 4.2 hereof9.2. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 9.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Investor in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders fail Holdings fails to exercise in full the rights its right of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the HoldersHoldings' rights were right was not exercised, at a price and upon general terms and conditions materially no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders Holdings pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) daysdays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders Holdings in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Holders fail to exercise in full the rights of first refusalrefusal within such twenty (20) day period, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Holders' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchaser purchasers thereof than specified in the Company's notice to the Holders pursuant to Section 4.2 5.2(a) hereof. If the Company has not sold such Equity Securities within such ninety (90) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Holders in the manner provided above.
Appears in 1 contract
Samples: Registration Rights Agreement (Evolving Systems Inc)