Common use of Non-Exercise Clause in Contracts

Non-Exercise. If the Company and/or its assigns do not ------------ collectively elect to exercise the Right of First Refusal within the specified 45-day period or such earlier time if the Company and/or its assigns notifies the Holder that it will not exercise the Right of First Refusal, then the Holder may transfer the Shares upon the terms and conditions stated in the Transfer Notice, provided that: (i) The transfer is made within 120 days of the date of the Transfer Notice; and (ii) The transferee agrees in writing that such Shares shall be held or encumbered subject to the provisions of this Right of First Refusal.

Non-Exercise. If the Company and/or its assigns do not ------------ collectively elect to exercise the Right of First Refusal within the specified 45-day period Option Period or such earlier time if the Company and/or its assigns notifies the Holder that it will not exercise the Right of First Refusal, then the Holder may transfer the Shares upon the terms and conditions stated in the Transfer Notice, provided that: (i) The transfer is made within 120 days of the date expiration of the Transfer NoticeOption Period; and (ii) The transferee agrees in writing that such Shares shall be held or encumbered subject to the provisions of this Right of First RefusalOption Agreement.

Non-Exercise. If the Company and/or its assigns do not ------------ collectively elect to exercise the Right of First Refusal within the specified 45-day period or such earlier time if the Company and/or its assigns notifies the Holder that it will not exercise the Right of First Refusal, then the Holder may transfer the Shares upon the terms and conditions stated in the Transfer Notice, provided that: (i) The transfer is made within 120 days of the date of the Transfer Notice; and (ii) The transferee agrees in writing that such Shares shall be held or encumbered subject to the provisions of this Right of First Refusal.

Non-Exercise. If the Company and/or its assigns do not ------------ collectively elect to exercise the Right of First Refusal within the specified 45-day period Option Period or such earlier time if on which the Company and/or its assigns notifies the Holder that it will not exercise the Right of First Refusal, then the Holder may transfer the Shares upon (i) the transfer is made under the terms and conditions and to the transferee stated in the Transfer Notice, provided that: (iii) The the transfer is made within 120 one hundred twenty (120) days of the date of the Transfer Notice; and , and (iiiii) The the transferee agrees in writing that such Shares shall be held or encumbered subject to the provisions of this Right of First Refusal.

Non-Exercise. If the Company and/or its assigns do not ------------ collectively elect to exercise the Right of First Refusal within the specified 45-day period Option Period or such earlier time if the Company and/or its assigns notifies the Holder that it will not exercise the Right of First Refusal, then the Holder may transfer the Shares upon the terms and conditions stated in the Transfer Notice, provided that: (i) The transfer is made within 120 days of the date expiration of the Transfer NoticeOption Period; and (ii) The transferee agrees in writing that such Shares shall be held or encumbered subject to the provisions of this Right of First RefusalOption Agreement.