Common use of Lapse and Reinstatement of Right Clause in Contracts

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. The Company shall have ninety sixty (9060) days following the periods twenty (20)-day period described in Section 2.1(b2.1(c) 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 sixty (90) day 60)-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. The Company shall have ninety sixty (9060) days following the periods ten- (10-) day period described in Section 2.1(b6.1(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 forty-five (3045) days from the date of said agreement) to sell the New Securities with respect to which the Investors’ Investor’s preemptive 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 sixty- (9060-) day period (or sold and issued New Securities in accordance with the foregoing within thirty forty-five (3045) 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 Investor in the manner provided above.

Lapse and Reinstatement of Right. The Company shall have ninety sixty (9060) days following the periods twenty- (20-) day period described in Section 2.1(b7.2(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’ preemptive 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 sixty- (9060-) 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. The Company shall have ninety sixty (9060) days following the periods twenty (20) day period 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 the same 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 sixty (9060) 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. The Company shall have ninety (90) 90 days following the periods 20 day period 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) 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) 90 day period (or sold and issued New Securities in accordance with the foregoing within thirty (30) 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. The Company shall have ninety (90) 60 days following the periods 15-day period described in Section 2.1(b) and the additional 10 day period described in Section 2.1(c), if applicable, 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) 30 days from the date of said agreement) to sell the New Securities with respect to which the InvestorsMajor Holders’ 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) 60-day period (or sold and issued New Securities in accordance with the foregoing within thirty (30) 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 Major Holders 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) expiration of such 10 day period 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 sixty (3060) days from the date of said agreement) to sell the New Securities with respect not elected to which be purchased by such applicable RFO Holder at the Investors’ right of first refusal was not exercised, at a 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 90)-day period (or sold and issued New Securities in accordance with the foregoing within thirty sixty (3060) 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 applicable RFO Holders in the manner provided in Sections 2.1–2.4 above.