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 Qualified Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Qualified Investors who do so elect and shall offer such Qualified Investors the right to acquire such unsubscribed shares on a pro rata basis. The Qualified Investors shall have five (5) 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 Qualified Investor’s rights were not exercised, at a price not lower and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Company’s notice to the Qualified Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) day period, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Qualified Investors in the manner provided above.

Issuance of Equity Securities to Other Persons. If not all of the Qualified Preferred Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Qualified Preferred Investors who do so elect and shall offer such Qualified Preferred Investors the right to acquire such unsubscribed shares on a pro rata basis. The Qualified Investors Each Preferred Investor shall have five (5) 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 Qualified Preferred Investor’s rights were not exercised, at a price not lower and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Company’s notice to the Qualified Preferred Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) day perioddays 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 Qualified Preferred Investors in the manner provided above.

Issuance of Equity Securities to Other Persons. If not all of the Qualified Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Qualified Investors who do so elect and shall offer such Qualified Investors the right to acquire such unsubscribed shares on a pro rata basis. The Qualified Investors shall have five (5) 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 Qualified Investor’s Investors’ rights were not exercised, at a price not lower and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Company’s notice to the Qualified Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) day period, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Qualified Investors in the manner provided above.

Issuance of Equity Securities to Other Persons. If not all of the Qualified ROFR Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Qualified ROFR Investors who do so elect and shall offer such Qualified ROFR Investors the right to acquire such unsubscribed shares on a pro rata basis. The Qualified ROFR Investors shall have five (5) 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 Qualified ROFR Investor’s rights were not exercised, at a price not lower and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Company’s notice to the Qualified ROFR Investors pursuant to Section 4.2 hereof. If the Company has not sold such Equity Securities within such ninety (90) day perioddays 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 Qualified ROFR Investors in the manner provided above.

Issuance of Equity Securities to Other Persons. If not all of the Qualified Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Qualified Investors who do so elect and shall offer such Qualified Investors the right to acquire such unsubscribed shares on a pro rata basisshares. The Qualified Investors Each respective Investor shall then have five (5) days after its receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If all such Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the any such remaining Equity Securities to persons selected in respect of which the Qualified Investor’s rights were not exercisedCompany's discretion, at a price not lower and upon general terms and conditions not materially no more favorable to the purchasers thereof than those specified in the Company’s 's notice to the Qualified Investors pursuant to Section 4.2 hereof. If the Company has not sold all such Equity Securities within such ninety (90) day perioddays 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 Qualified Investors in the manner provided above.

Issuance of Equity Securities to Other Persons. If not all of the Qualified Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Qualified Investors who do so elect and shall offer such Qualified Investors the right to acquire such unsubscribed shares on a pro rata basisshares. The Qualified Investors Each respective Investor shall then have five (5) days after its receipt of such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. The If all such Investors fail to exercise in full the rights of first refusal, the Company shall have ninety (90) days thereafter to sell the any such remaining Equity Securities to persons selected in respect of which the Qualified Investor’s rights were not exercisedCompany's discretion, at a price not lower and upon general terms and conditions not materially no more favorable to the purchasers thereof than those specified in the Company’s 's notice to the Qualified Investors pursuant to Section 4.2 hereof. If the Company has not sold all such Equity Securities within such ninety (90) day perioddays of the notice provided pursuant to Section 4.2, the Company shall not thereafter issue or sell any such or other Equity Securities, without first offering such securities to the Qualified Investors in the manner provided above.