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Common use of Non-Exercise Clause in Contracts

Non-Exercise. The exercise or non-exercise of the rights of the Participating Stockholders hereunder to participate in one or more sales of Sale Shares made by the Selling Major Stockholder shall not adversely affect its right to participate in subsequent sales by the Selling Major Stockholder. In the event none of the Stockholders elect to exercise their co-sale rights hereunder with respect to a disposition, the Selling Major Stockholder that sent the Sale Notice regarding such disposition may consummate such disposition in accordance with the terms specified in the Sale Notice but only within 90 days after the expiration of the Stockholders' co-sale rights.

Appears in 2 contracts

Samples: Investors Rights Agreement (Satcon Technology Corp), Investors Rights Agreement (Beacon Power Corp)

Non-Exercise. The exercise or non-exercise of the rights of the Participating Stockholders hereunder to participate in one or more sales of Sale Shares made by the Selling Major Stockholder shall not adversely affect its right to participate in subsequent sales by the Selling Major Stockholder. In the event none of the Stockholders elect to exercise their co-sale rights hereunder with respect to a disposition, the Selling Major Stockholder that sent the Sale Notice regarding such disposition may consummate such disposition in accordance with the terms specified in the Sale Notice but only within 90 120 days after the expiration of the other Stockholders' co-sale rights.

Appears in 2 contracts

Samples: Stock and Note Purchase Agreement (Converse Inc), Investors Rights Agreement (Converse Inc)

Non-Exercise. The exercise or non-exercise of the rights of the Participating Stockholders hereunder to participate in one or more sales of Sale Shares made by the Selling Major Stockholder Proposed Sellers shall not adversely affect its right to participate in subsequent sales by the Selling Major StockholderProposed Sellers. In the event none of the Stockholders elect to exercise their co-sale rights hereunder with respect to a disposition, the Selling Major Stockholder that sent the Sale Notice regarding such disposition Proposed Sellers may consummate such disposition in accordance with the terms specified in the Sale Notice but only within 90 days after the expiration of the Stockholders' co-sale rights.

Appears in 1 contract

Samples: Investor Rights Agreement (Beacon Power Corp)