Common use of Non-Exercise of the First Refusal Right Clause in Contracts

Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Owner prior to the expiration of the forty-five (45)-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 Article B and Paragraph C.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Masergy Communications Inc), Stock Purchase Agreement (Miningco Com Inc)

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Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Owner prior to the expiration of the fortytwenty-five (45)-day 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 Article B and Paragraph C.Disposition

Appears in 1 contract

Samples: Restricted Stock Grant Agreement (Ceres, Inc.)

Non-Exercise of the First Refusal Right. In the event the --------------------------------------- Exercise Notice is not given to Owner prior to the expiration of the forty-five (45)-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 Article B and Paragraph C.

Appears in 1 contract

Samples: Stock Purchase Agreement (Naviant Inc)

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Non-Exercise of the First Refusal Right. In the event the Exercise Notice is not given to Owner prior to the expiration of the fortytwenty-five (45)-day 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 Article Articles B and Paragraph C.C. The third-party offeror shall

Appears in 1 contract

Samples: Stock Issuance Agreement (Adknowledge Inc)

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