Lapse and Reinstatement of Right. In the event a Purchaser fails to exercise the right of participation provided in this Section 2.1 within said twenty (20) day period, the Company shall have ninety (90) days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within sixty (60) days from the date of said agreement) to sell the New Securities not elected to be purchased by such Purchaser at the price and upon the terms no more favorable to the purchasers of such securities than specified in the Company's notice. In the event the Company has not sold the New Securities or entered into an agreement to sell the New Securities within said ninety (90) day period (or sold and issued New Securities in accordance with the foregoing within sixty (60) days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Purchasers in the manner provided above.
Lapse and Reinstatement of Right. The Company shall have ninety (90) days following the periods described in Section 2.1(b) to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within thirty (30) days from the date of said agreement) to sell the New Securities with respect to which the Investors’ right of first refusal was not exercised, at a price and upon terms no more favorable to the purchasers of such securities than specified in the Company’s notice. In the event the Company has not sold the New Securities or entered into an agreement to sell the New Securities within said ninety (90) day period (or sold and issued New Securities in accordance with the foregoing within thirty (30) days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Investors in the manner provided above.
Lapse and Reinstatement of Right. In the event an Investor fails to exercise the right of first refusal provided in Section 6.1 within said 15 day period, the Company shall have 60 days thereafter to sell the New Securities not elected to be purchased by such Investor at the price and upon the terms no more favorable to the purchasers of such securities than specified in the Company's notice. In the event the Company has not sold the New Securities or entered into an agreement to sell the New Securities within said 60 day period, the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Investors in the manner provided above.
Lapse and Reinstatement of Right. In the event GEPT, any Class B Securityholder and/or Class C Securityholder fails to exercise the Right of First Offer provided in this Section 10 within said ten (10) Business Day period, then GEPT or any other Class B Securityholder or Class C Securityholder, as the case may be, that elects to purchase all of its Pro Rata Portion of the New Securities in said ten (10) Business Day period shall have the option to purchase such unsubscribed shares of New Securities within fifteen (15) Business Days after GEPT, such Class B Securityholder and/or Class C Securityholder, as the case may be, receives notice from the Company of such unsubscribed shares, which period of time may be delayed up to thirty (30) Business Days in order to permit such acquisition of such New Securities to be made in conformity with applicable laws, including the HSR Act. In the event GEPT, any Class B Securityholder and/or Class C Securityholder fails to exercise the Right of First Offer provided in this Section 10 to purchase all of the New Securities set forth in the Financing Notice within said ten (10) Business Day period, the Company shall have a period of three (3) months thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within thirty (30) Business Days from the date of said agreement) to sell the New Securities not elected to be purchased by GEPT, such Class B Securityholder and/or Class C Securityholder at the price and upon terms no less favorable to the Company than those contained in the Financing Notice. In the event the Company has not sold the New Securities or entered into an agreement to sell the New Securities within said three (3) month period (or sold and issued New Securities in accordance with the foregoing within thirty (30) Business Days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to GEPT, each Class B Securityholder and Class C Securityholder as provided in Section 10.1 above.
Lapse and Reinstatement of Right. In the event a Major Investor -------------------------------- fails to exercise the right of participation provided in this Section 2.1 within said ten (10) day period, the Company shall offer the securities subject to the participation right to the Major Investors who have subscribed for their full pro rata amounts, pro rata based upon such Major Investors' subscriptions for a period of three (3) days. Thereafter the Company shall have sixty (60) days to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within sixty (60) days from the date of said agreement) to sell the New Securities not elected to be purchased by such Major Investor at the price and upon the terms no more favorable to the purchasers of such securities than specified in the Company's notice. In the event the Company has not sold the New Securities or entered into an agreement to sell the New Securities within said sixty (60) day period (or sold and issued New Securities in accordance with the foregoing within sixty (60) days from the date of said agreement), the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Investors in the manner provided above.
Lapse and Reinstatement of Right. The Partnership shall have ninety (90) days following the ten (10) day period described in Section 5.10(b)(xiii)(B) to sell or enter into an agreement (pursuant to which the sale of Parity Securities covered thereby shall be closed, if at all, within thirty (30) days from the date of said agreement) to sell the Parity Securities with respect to which the holders' preemptive right was not exercised, at a price and upon terms no more favorable to the purchasers of such interests than specified in the Partnership's notice relating thereto. In the event the Partnership has not sold the Parity Interests or entered into an agreement to sell the Parity Interests within said ninety (90) day period (or sold and issued Parity Interests in accordance with the foregoing within thirty (30) days from the date of said agreement), the Partnership shall not thereafter issue or sell any Parity Interests without first offering such securities to the holders of the Class B Convertible Preferred Units in the manner provided above.
Lapse and Reinstatement of Right. The Company shall have twenty (20) days following the giving of notice to Lenders under Section 9(q) hereof to sell the Subsequent Financing Securities included in the Offering at the price and upon the terms no more favorable to the purchasers of such securities than specified in the Company's notice. In the event the Company has not sold the Subsequent Financing Securities or entered into an agreement to sell the Subsequent Financing Securities within twenty (20) days following the giving of notice to Lenders under Section 9(q), the Company shall not thereafter issue or sell any Subsequent Financing Securities without first offering such securities to the Lenders in the manner provided above.
Lapse and Reinstatement of Right. In the event the Company fails to exercise the right of first refusal within said fifteen (15) day period, the Common Stock Holder shall have ninety (90) days thereafter to sell or enter into an agreement (pursuant to which the sale of shares covered thereby shall be closed, if at all, within sixty (60) days from the date of said agreement) to sell the shares not elected to be purchased by the Company at the price and upon the terms no more favorable to the purchasers of such securities than specified in the Transfer Notice. In the event the Common Stock Holder has not sold the shares or entered into an agreement to sell the shares within said ninety (90) day period (or sold the shares in accordance with the foregoing within sixty (60) days from the date of said agreement), the Common Stock Holder shall not thereafter sell or transfer any vested shares without first offering such securities to the Company in the manner provided above.
Lapse and Reinstatement of Right. In the event a Major Purchaser fails to exercise the right of participation provided in this Section 2.1 within said ten (10) day period, the Company shall have ninety (90) days thereafter to sell or enter into an agreement (pursuant to which the sale of New Securities covered thereby shall be closed, if at all, within sixty (60) days from the date of said agreement) to sell the New Securities not elected to be purchased by such Major Purchaser at the price and upon the terms no more favorable to the purchasers of such securities than specified in the Company's notice to the Major Purchasers. In the event the Company has not sold the New Securities or entered into an agreement to sell the New Securities within said ninety (90) day period (or sold and issued New Securities in accordance with the foregoing within sixty (60) days from the date of said agreement) or in the event that the Corporation changes the terms of such securities in a manner which is more favorable than the terms specified in the Company's notice to the Major Purchasers, the Company shall not thereafter issue or sell any New Securities without first offering such securities to the Major Purchasers in the manner provided above.
Lapse and Reinstatement of Right. In the event Investor fails to exercise the right of first refusal provided in this Section 3 within said fifteen (15) day period, the Company shall have thirty (30) days thereafter to sell or enter into an agreement (pursuant to which the sale of Shares covered thereby shall be closed, if at all, within sixty (60) days from the date of said agreement) to sell the Shares not elected to be purchased by Investor at the price and upon the terms no more favorable to the purchasers of such securities than specified in the Company's notice. In the event the Company has not sold the Shares or entered into an agreement to sell the Shares within said thirty (30) day period (or sold and issued Shares in accordance with the foregoing within sixty (60) days from the date of said agreement), the Company shall not thereafter issue or sell any Shares without first offering such securities to Investor in the manner provided above.
