Common use of Issuance of Equity Securities to Other Persons Clause in Contracts

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor who does so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor the right to acquire such unsubscribed shares. The Major Investors shall have fifteen (15) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Major Investor’s rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day period, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement, Investor Rights Agreement (Infraredx Inc)

AutoNDA by SimpleDocs

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company Corporation shall promptly notify in writing each the Major Investor Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Each Major Investors Investor so notified shall have fifteen (15) business five days after receipt of such notice to notify the Company Corporation of its election to purchase all or a portion thereof of the unsubscribed shares. The Company If the Major Investors fail to exercise in full the rights of first refusal, the Corporation shall have ninety (90) 90 days thereafter to sell the Equity Securities in respect of which the Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s Corporation's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company Corporation has not sold such Equity Securities within ninety (90) 90 days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company Corporation shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Adesso Healthcare Technology Services Inc), Series E Preferred Stock Purchase Agreement (Adesso Healthcare Technology Services Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its their election to purchase all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement (Imarx Therapeutics Inc), Investor Rights Agreement (Imarx Therapeutics Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each the Major Investor Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Major 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 Major Investor’s rights were not exercised, at a price and upon general terms and conditions materially no not more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement (Veraz Networks, Inc.), Investor Rights Agreement (Veraz Networks, Inc.)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s rights were not exercised, at a price and upon general terms and conditions not materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement (Channeladvisor Corp), Investor Rights Agreement (Channeladvisor Corp)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 5.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 5.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement (Snowball Com Inc), Investor Rights Agreement (Carrier Access Corp)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share Pro Rata Share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen ten (1510) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Investors fail to exercise in full their respective rights of first offer, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Major Investor’s Investors' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investors' Rights Agreement (Formus Communications Inc), Investors' Rights Agreement (Formus Communications Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each the Major Investor Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Major 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 Major Investor’s rights were not exercised, at a the same price and upon the same general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement (Revance Therapeutics, Inc.), Investor Rights Agreement (Revance Therapeutics, Inc.)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 2 contracts

Samples: Investor Rights Agreement (Ipass Inc), Investor Rights Agreement (On Stage Entertainment Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen (15) business 10 days after receipt of such notice to notify the Company of its their election to purchase their pro rata portion of all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s Investors' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, Securities without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Align Technology Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors Holders elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Holders who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Holders the right to acquire such unsubscribed shares. The Major Investors Holders shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Holders fail to exercise in full the preemptive rights, the Company shall have ninety sixty (9060) days thereafter to sell the Equity Securities in respect of which the Major Investor’s Holder's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors Holders pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety sixty (9060) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors Holders in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Myogen Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Investors fail to exercise in full the rights of first refusal provided in this Section 4, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Inphonic Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each the Major Investor Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Major Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) 120 days thereafter to sell the Equity Securities in respect of which the Major Investor’s rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) 90 days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Threshold Pharmaceuticals Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each the Major Investor Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen ten (1510) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Major Investors fail to exercise in full the rights of first refusal, the Company shall have ninety one hundred twenty (90120) days thereafter to sell the Equity Securities in respect of which the Major Investor’s 's rights were not exercised, exercised at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 5.2 hereof. If the Company has not sold such Equity Securities within ninety one hundred twenty (90120) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 5.2, the Company shall not thereafter issue or sell any Equity Securities, Securities without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Vitria Technology Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 3.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 3.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investors' Rights Agreement (Vobis Microcomputer Ag)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors Owners elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Owners who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Owners the right to acquire such unsubscribed shares. The Major Investors Each Owner shall have fifteen ten (1510) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Owners 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 Major Investor’s Owners' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors Owners pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety sixty (9060) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors Owners in the manner provided above.

Appears in 1 contract

Samples: Investors' Rights Agreement (Dynavax Technologies Corp)

AutoNDA by SimpleDocs

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share Pro Rata Share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen ten (1510) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Investors fail to exercise in full their respective rights, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Major Investor’s Investors' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Envision Development Corp /Fl/)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Investors fail to exercise in full the rights of first refusal provided in this Section 4, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Major Investor’s rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Inphonic Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s Investors’ rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Renovis Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen ten (1510) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the 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 Major Investor’s rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Pacific DataVision, Inc.)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor such Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors Each such Investor shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If any of the Investors fails to exercise in full its preemptive rights, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Major such Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety one hundred twenty (90120) days of the expiration of the aforementioned fifteen (15) business day periodinitial 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 Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investors' Rights Agreement (Netlibrary Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major participating Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its their election to purchase all or a portion thereof of the unsubscribed shares. The If the Investors fail to exercise in full the rights of first refusal, the Company shall have ninety one hundred and twenty (90120) days thereafter to sell the Equity Securities in respect of which the Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety one hundred and twenty (90120) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (Wireless Facilities Inc)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors Owners elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Owners who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Owners the right to acquire such unsubscribed shares. The Major Investors Each Owner shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Owners 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 Major Investor’s Owners' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors Owners pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety sixty (9060) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors Owners in the manner provided above.

Appears in 1 contract

Samples: Investors' Rights Agreement (Dynavax Technologies Corp)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If the Investors fail to exercise in full the rights of first refusal, the Company shall have ninety one hundred twenty (90120) days thereafter to sell the Equity Securities in respect of which the Major Investor’s 's rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the purchasers thereof than specified in the Company’s 's notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety one hundred twenty (90120) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, other than those set forth in Section 4.6, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investors' Rights Agreement (Pharsight Corp)

Issuance of Equity Securities to Other Persons. If not all of the Major Investors elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing each Major Investor the Investors who does do so elect to purchase such Major Investor’s full pro rata share and shall offer each such Major Investor Investors the right to acquire such unsubscribed shares. The Major Investors shall have fifteen five (155) business days after receipt of such notice to notify the Company of its election to purchase all or a portion thereof of their pro rata share of the unsubscribed shares. The If the 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 Major Investor’s rights were not exercised, at a price and upon general terms and conditions not materially no more favorable to the purchasers thereof than specified in the Company’s notice to the Major Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the expiration of the aforementioned fifteen (15) business day periodnotice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Major Investors in the manner provided above.

Appears in 1 contract

Samples: Investor Rights Agreement (ARYx Therapeutics, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!