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 Purchasers elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers who do so elect and shall offer such Purchasers the right to acquire such unsubscribed shares ("Subscription Notice"). The Purchasers shall have five (5) days after receipt of the Subscription Notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers fail to exercise in full the rights of first refusal, the Company shall have sixty (60) days thereafter to sell the Equity Securities in respect of which the Purchasers' rights were not exercised, at a price and upon terms and conditions no more favorable to the purchasers thereof than specified in the Company's notice to the Purchasers pursuant to Section 4.2 hereof If the Company has not sold such Equity Securities within such sixty (60) days, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchasers in the manner provided above.

Appears in 1 contract

Samples: ' Rights Agreement (Sterigenics International)

AutoNDA by SimpleDocs

Issuance of Equity Securities to Other Persons. If not all of the Purchasers Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Investors who do so elect and shall offer such Purchasers Investors the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers Investors shall have five (5) days after receipt of the Subscription Notice such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Investors fail to exercise in full the rights of first refusal, the Company shall have sixty one hundred twenty (60120) days thereafter to sell the Equity Securities in respect of which the Purchasers' 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 Purchasers Investors pursuant to Section 4.2 hereof hereof. If the Company has not sold such Equity Securities within such sixty one hundred twenty (60120) daysdays of the notice 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 Purchasers 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 Purchasers Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Investors who do so elect and shall offer such Purchasers Investors the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers Investors shall have five (5) business days after receipt of the Subscription Notice such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Investors fail to exercise in full the rights of first refusal, the Company shall have sixty ninety (6090) days thereafter to sell the Equity Securities in respect of which the Purchasers' 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 Purchasers Investors pursuant to Section 4.2 hereof hereof. If the Company has not sold such Equity Securities within such sixty ninety (6090) 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 Purchasers 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 Purchasers Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Investors who do so elect and shall offer such Purchasers Investors the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers Investors shall have five ten (510) days after receipt of the Subscription Notice such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Investors fail to exercise in full the rights of first refusal, the Company shall have sixty ninety (6090) days thereafter to sell the Equity Securities in respect of which the Purchasers' 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 ’s notice to the Purchasers Investors pursuant to Section 4.2 hereof hereof. If the Company has not sold such Equity Securities within such sixty ninety (6090) 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 Purchasers 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 Purchasers Holders elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Holders who do so elect and shall offer such Purchasers Holders the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers Holders shall have five (5) days after receipt of the Subscription Notice such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Holders fail to exercise in full the rights of first refusalpreemptive rights, the Company shall have sixty (60) days thereafter to sell the Equity Securities in respect of which the Purchasers' 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 notice to the Purchasers Holders pursuant to Section 4.2 hereof hereof. If the Company has not sold such Equity Securities within such sixty (60) 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 Purchasers 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 Purchasers Owners elect to purchase their full pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Owners who do so elect and shall offer such Purchasers Owners the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers Each Owner shall have five ten (510) days after receipt of the Subscription Notice such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Owners fail to exercise in full the rights of first refusal, the Company shall have sixty (60) days thereafter to sell the Equity Securities in respect of which the PurchasersOwners' 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 Purchasers Owners pursuant to Section 4.2 hereof hereof. If the Company has not sold such Equity Securities within such sixty (60) 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 Purchasers Owners in the manner provided above.

Appears in 1 contract

Samples: Rights Agreement (Dynavax Technologies Corp)

AutoNDA by SimpleDocs

Issuance of Equity Securities to Other Persons. If not all of the Purchasers Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Investors who do so elect and shall offer such Purchasers Investors the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers participating Investors shall have five (5) days after receipt of the Subscription Notice such notice to notify the Company of its their election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Investors fail to exercise in full the rights of first refusal, the Company shall have sixty one hundred and twenty (60120) days thereafter to sell the Equity Securities in respect of which the Purchasers' 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 Purchasers Investors pursuant to Section 4.2 hereof hereof. If the Company has not sold such Equity Securities within such sixty one hundred and twenty (60120) 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 Purchasers Investors in the manner provided above.

Appears in 1 contract

Samples: Rights Agreement (Wireless Facilities Inc)

Issuance of Equity Securities to Other Persons. If not all of the Purchasers Investors elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Investors who do so elect and shall offer such Purchasers Investors the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers Investors shall have five (5) days after receipt of the Subscription Notice such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Investors fail to exercise in full the rights of first refusal, the Company shall have sixty ninety (6090) days thereafter to sell the Equity Securities in respect of which the Purchasers' 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 Purchasers Investors pursuant to Section 4.2 hereof 3.2 hereof. If the Company has not sold such Equity Securities within such sixty (60) daysdays of the notice provided pursuant to Section 3.2, the Company shall not thereafter issue or sell any Equity Securities, without first offering such securities to the Purchasers Investors in the manner provided above.

Appears in 1 contract

Samples: ' Rights Agreement (Vobis Microcomputer Ag)

Issuance of Equity Securities to Other Persons. If not all of the Purchasers Owners elect to purchase their pro rata share of the Equity Securities, then the Company shall promptly notify in writing the Purchasers Owners who do so elect and shall offer such Purchasers Owners the right to acquire such unsubscribed shares ("Subscription Notice")shares. The Purchasers Each Owner shall have five (5) days after receipt of the Subscription Notice such notice to notify the Company of its election to purchase all or a portion thereof of the unsubscribed shares. If the Purchasers Owners fail to exercise in full the rights of first refusal, the Company shall have sixty (60) days thereafter to sell the Equity Securities in respect of which the PurchasersOwners' 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 Purchasers Owners pursuant to Section 4.2 hereof hereof. If the Company has not sold such Equity Securities within such sixty (60) 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 Purchasers Owners in the manner provided above.

Appears in 1 contract

Samples: Rights Agreement (Dynavax Technologies Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.