Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Owner prior to the expiration of the twenty-five (25)-day exercise period, Owner shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares to the third-party offeror identified in the Disposition Notice upon terms (including the purchase price) no more favorable to such third-party offeror than those specified in the Disposition Notice; provided, however, that any such sale or disposition must not be effected in contravention of the provisions of Articles B and C. The third-party offeror shall acquire the Target Shares free and clear of the First Refusal Right, but the acquired shares shall remain subject to the provisions of Article B and Paragraph C.3. In the event Owner does not effect such sale or disposition of the Target Shares within the specified thirty (30)-day period, the First Refusal Right shall continue to be applicable to any subsequent disposition of the Target Shares by Owner until such right lapses.
Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to the Recipient prior to the expiration of the twenty-five (25) day exercise period, the Recipient shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares to the third-party offeror identified in the Disposition Notice upon terms (including the purchase price) no more favorable to such third-party offeror than those specified in the Disposition Notice; provided, however, that any such sale or disposition must not be effected in contravention of the provisions of Sections 2 and 3. In the event the Recipient does not effect such sale or disposition of the Target Shares within the specified thirty (30) day period, the First Refusal Right shall continue to be applicable to any subsequent disposition of the Target Shares by the Recipient until such right lapses.
Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Participant prior to the expiration of the twenty-five (25)-day exercise period, Participant shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares to the third-party offeror identified in the Disposition Notice upon terms (including the purchase price) no more favorable to such third-party offeror than those specified in the Disposition Notice; provided, however, that any such sale or disposition must not be effected in contravention of the provisions of Paragraphs 2, 9 and 11 of this Agreement. The third-party offeror shall acquire the Target Shares subject to the First Refusal Right and the provisions and restrictions of Paragraphs 2, 9 and 11, and any subsequent disposition of the acquired shares must be effected in compliance with the terms and conditions of such First Refusal Right and the provisions and restrictions of Paragraphs 2, 9 and 11. In the event Participant does not effect such sale or disposition of the Target Shares within the specified thirty (30)-day period, the First Refusal Right shall continue to be applicable to any subsequent disposition of the Target Shares by Participant until such right lapses.
Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Owner prior to the expiration of the twenty-five (25)-day exercise period, Owner shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of
Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Owner prior to the expiration of the twenty-five (25)-day exercise period, Owner shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares to the third-party offeror identified in the Disposition Notice upon terms (including the purchase price) no more favorable to such third-party offeror than those specified in the Disposition Notice; provided, however, that any such sale or disposition must not be effected in contravention of the provisions of Articles B and C. The third-party offeror shall acquire the Target Shares free and clear of the
Non-Exercise of the First Refusal Right. In the event the Company (or its assignee(s)) elects not to purchase any of the Target Shares, the Exercise Notice is not given to the Owner prior to the expiration of the 60-day exercise period or the Company (or its assignee(s)) shall elect to purchase less than all of the Target Shares, then the Owner may sell or otherwise transfer such Target Shares to that proposed transferee, provided that (i) the transfer is made only on the terms provided for in the notice, with the exception of the purchase price, which may be either the price listed in the Disposition Notice or any higher price, (ii) such transfer is consummated within 60 days after the date such election is delivered to the Owner or the expiration of the Company’s (or its assignee(s)) 60-day expiration period, whichever is applicable, (iii) the transfer is effected without violating the provisions of Sections 2 (Securities Law Compliance) and 3 (Market Stand-Off; Legends), and if requested by the Company (or its assignee(s)) and Leyou Technologies, the Owner shall have delivered an opinion of counsel acceptable to the Company (or its assignee(s)) as provided by Section 2 (Securities Law Compliance) and (iv) the proposed third-party transferee agrees in writing that the provisions of Sections 2 (Securities Law Compliance), 3 (Market Stand-Off; Legends) and 4 (Right of First Refusal) shall continue to apply to the transferred Target Shares in the hands of such proposed third-party transferee. In the event the Owner does not effect such sale or disposition of the Target Shares within the specified 60 day period, then before any such Target Shares may be transferred, a new Disposition Notice shall be given to the Company (or its assignee(s)) and Leyou Technologies and the First Refusal Right shall continue to be applicable as described in this Section 4 (Right of First Refusal).
Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Holder prior to the expiration of the twenty (20) business-day exercise period, Holder shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares to the third-party offeror identified in the Disposition Notice or in open market sales if the Notice of Disposition specified open market sales as the method of disposition, upon terms (including the purchase price) no more favorable to the purchaser than those specified in the Disposition Notice; PROVIDED, however, that any such sale or disposition must not be effected in contravention of the provisions of Section 12 hereof. In the event Holder does not affect such sale or disposition of the Target Shares within the specified thirty (30)-day period, the First Refusal Right shall continue to be applicable to any subsequent disposition of the Target Shares by Holder until such right lapses.
Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Stock Seller prior to the expiration of the forty-five (45)-day exercise period, Stock Seller shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares to the third-party offeror identified in the Disposition Notice upon terms (including the purchase price) no more favorable to such third-party offeror than those specified in the Disposition Notice. The third-party offeror shall acquire the Target Shares free and clear of the First Refusal Right. In the event Stock Seller does not effect such sale or disposition of the Target Shares within the specified thirty (30)-day period, the First Refusal Right shall continue to be applicable to any subsequent disposition of the Target Shares by Stock Seller until such right lapses.
Non-Exercise of the First Refusal Right. In the event any First --------------------------------------- Exercise Notice, Second Exercise Notice or Third Exercise Notice is not timely given to the transferring Founder or Investor, the transferring Founder or Investor shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares subject to compliance with the Co-Sale Rights granted in Section 4 below to the third-party offeror identified in the Disposition Notice upon terms (including the purchase price) no more favorable to such third-party offeror than those specified in the Disposition Notice; provided, however, that any such sale or disposition must not be effected in -------- contravention of applicable federal and state securities laws or the Lock-Up
Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Owner prior to the expiration of the twenty-five (25)-day exercise period, Owner shall have a period of thirty (30) days thereafter in which to sell or otherwise dispose of the Target Shares to the third-party offeror identified in the Disposition Notice upon terms (including the purchase price) no more favorable to such third-party offeror than those specified in the Disposition Notice; PROVIDED, however, that any such sale or disposition must not be effected in contravention of the provisions of Articles B and C. The third-party offeror shall acquire the Target Shares subject to the First Refusal Right and the provisions and restrictions of Article B and Paragraph C.3, and any subsequent disposition of the acquired shares must be effected in compliance with the terms and conditions of such First Refusal Right and the
