Issuance of Equity Securities to Other Persons. If the Purchaser 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 Purchaser'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 Purchaser pursuant to Section 8.5(b) hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b), the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser in the manner provided above.
Appears in 2 contracts
Samples: Warrant Subscription Agreement (Comps Com Inc), Warrant Subscription Agreement (Comps Com Inc)
Issuance of Equity Securities to Other Persons. If the Purchaser fails to Purchasers do not 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 Purchaser'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 Purchaser Purchaser's pursuant to Section 8.5(b) 8.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b)8.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser Purchaser's in the manner provided above.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc), Series a Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc)
Issuance of Equity Securities to Other Persons. If the Purchaser Buyer 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 PurchaserBuyer'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 Purchaser Buyer pursuant to Section 8.5(b5(b) hereof. If the Company company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b5(b), the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser Buyer in the manner provided above.
Appears in 1 contract
Samples: Stock Purchase Agreement (Agway Inc)
Issuance of Equity Securities to Other Persons. If the Purchaser fails Stockholders fail to exercise in full the preemptive rights of first refusalset forth in this Section 6, the Company shall have ninety one hundred eighty (90180) days thereafter following the notice provided pursuant to Section 6.2 to sell the Equity Securities in respect of which the Purchaser's Stockholders’ 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 ’s notice to the Purchaser Stockholders pursuant to Section 8.5(b) 6.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b)6.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser Stockholders in the manner provided above.
Appears in 1 contract
Samples: Stockholder Agreement (Spacedev Inc)
Issuance of Equity Securities to Other Persons. If the Purchaser fails Investors (other than Series H 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 Purchaser's rights Investor’s (other than Series H Holders)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 Purchaser Investors pursuant to Section 8.5(b) 6.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b)6.2, the Company shall not thereafter issue or sell any Equity Securities, Securities without first offering such securities to the Purchaser Investors (other than Series H Holders) 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 Purchaser fails Right of First Refusal 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 Purchaser's Right of First Refusal 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 Purchaser Right of First Refusal Investors pursuant to Section 8.5(b) 4.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b)4.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser Right of First Refusal Investors in the manner provided above.
Appears in 1 contract
Issuance of Equity Securities to Other Persons. If the Purchaser fails Holders fail to exercise in full the rights of first refusalrefusal set forth in this Section 3, the Company shall have ninety (90) days thereafter to sell the Equity Securities in respect of which the Purchaser's Holders' rights were not exercised, at a price and upon general terms and conditions materially no more favorable to the proposed purchasers thereof than specified in the Company's notice to the Purchaser Holders pursuant to Section 8.5(b) 3.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b)3.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser Holders in the manner provided above.
Appears in 1 contract
Samples: Loan and Warrant Purchase Agreement (Advanced Remote Communication Solutions)
Issuance of Equity Securities to Other Persons. If the Purchaser fails to Purchasers do not 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 Purchaser'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 Purchaser Purchaser's pursuant to Section 8.5(b) 7.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b)7.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser Purchaser's in the manner provided above.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Maxim Pharmaceuticals Inc)
Issuance of Equity Securities to Other Persons. If the Purchaser Stockholder fails to exercise in full the preemptive rights of first refusalset forth in this Section 5, the Company shall have ninety (90) days thereafter following the notice provided pursuant to Section 5.2 to sell the Equity Securities in respect of which the Purchaser's Stockholder’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 ’s notice to the Purchaser Stockholder pursuant to Section 8.5(b) 5.2 hereof. If the Company has not sold such Equity Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b)5.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchaser Stockholder in the manner provided above.
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Issuance of Equity Securities to Other Persons. If the Purchaser fails to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the Equity Securities or Debt Securities in respect of which the Purchaser's ’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 ’s notice to the Purchaser pursuant to Section 8.5(b6.1(b) hereof. If the Company has not sold such Equity Securities or Debt Securities within ninety (90) days of the notice provided pursuant to Section 8.5(b6.1(b), the Company shall not thereafter issue or sell any Equity Securities or Debt Securities, without first offering such securities to the Purchaser in the manner provided above.
Appears in 1 contract
Samples: Note Purchase Agreement (Djo Inc)