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

Issuance of Equity Securities to Other Persons. If the Preemptive Investors do not elect to purchase all of the Equity Securities offered, then the Company shall have ninety (90) days thereafter to sell the Equity Securities with respect to which the Preemptive Investors’ rights were not exercised, at a price and upon general terms and conditions not materially more favorable to the purchasers thereof than specified in the Initial Notice; provided that in no event shall the price be less than 100% of the price proposed in the Initial Notice. 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 Investors in the manner provided in this Section 4.

Appears in 3 contracts

Samples: Investor Rights Agreement (Nupathe Inc.), Investor Rights Agreement (Nupathe Inc.), Investor Rights Agreement (Nupathe Inc.)

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Issuance of Equity Securities to Other Persons. If Investor ---------------------------------------------- fails to exercise in full the Preemptive Investors do not elect rights of first refusal within such ten (10) day period by giving the agreement referred to purchase all of the Equity Securities offeredin Section 13.2, then the Company shall have ninety (90) days thereafter to sell complete the sale of the Equity Securities with in respect to of which the Preemptive Investors’ 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 Initial Notice; provided that in no event shall Company's notice to the price be less than 100% of the price proposed in the Initial NoticeInvestors pursuant to Section 13.2 hereof. If the Company has not sold all of such Equity Securities within such ninety (90) day perioddays, the Company shall not thereafter issue or sell any of such Equity Securities, without first offering such securities to the Investors Investor in the manner provided in this Section 4above.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Fargo Brian), Stock Purchase Agreement (Interplay Entertainment Corp), Stock Purchase Agreement (Titus Interactive S A)

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Issuance of Equity Securities to Other Persons. If Investor ---------------------------------------------- fails to exercise in full the Preemptive Investors do not elect rights of first refusal within such ten (10) day period by giving the agreement referred to purchase all of the Equity Securities offeredin Section 12.2, then the Company shall have ninety (90) days thereafter to sell complete the sale of the Equity Securities with in respect to of which the Preemptive Investors’ 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 Initial Notice; provided that in no event shall Company's notice to the price be less than 100% of the price proposed in the Initial NoticeInvestors pursuant to Section 12.2 hereof. If the Company has not sold all of such Equity Securities within such ninety (90) day perioddays, the Company shall not thereafter issue or sell any of such Equity Securities, without first offering such securities to the Investors Investor in the manner provided in this Section 4above.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Titus Interactive S A), Stock Purchase Agreement (Interplay Entertainment Corp), Stock Purchase Agreement (Fargo Brian)

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