Common use of Offer After Sale to Third Parties Clause in Contracts

Offer After Sale to Third Parties. In lieu of delivering to the Major Investors written notice of a proposed sale of Preemptive Securities pursuant to Section 3.2, the Company may elect first to sell Preemptive Securities to third parties and then to offer to Major Investors the opportunity to purchase their Pro Rata Portions of the Preemptive Securities. (The Pro Rata Portions shall be calculated giving effect to all sales of the Preemptive Securities, including sales to the Major Investors.) Such offer shall remain in effect for fifteen (15) days after notice to the Investors, and if accepted, the closing of the sale of Preemptive Securities shall occur within ten days after the date of the Acceptance Notice.

Appears in 3 contracts

Samples: Amendment Agreement (YuMe Inc), Amendment Agreement (YuMe Inc), Amendment Agreement (YuMe Inc)

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Offer After Sale to Third Parties. In lieu of delivering to the Major Investors written notice of a proposed sale of Preemptive Securities pursuant to Section 3.2, the Company may elect first to sell Preemptive Securities to third parties and then to offer to Major Investors the opportunity to purchase their Pro Rata Portions of the Preemptive Securities. (The Pro Rata Portions shall be calculated giving effect to all sales of the Preemptive Securities, including sales to the Major Investors.) Such offer shall remain in effect for fifteen (15) 15 days after notice to the Investors, and if accepted, the closing of the sale of Preemptive Securities shall occur within ten days after the date of the Acceptance Notice.

Appears in 2 contracts

Samples: Rights Agreement (BioCardia, Inc.), Rights Agreement (BioCardia, Inc.)

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Offer After Sale to Third Parties. In lieu of delivering to the Major Investors written notice of a proposed sale of Preemptive Securities pursuant to Section 3.2, the Company may elect first to sell Preemptive Securities to third parties and then to offer to Major Investors the opportunity to purchase their Pro Rata Portions of the Preemptive Securities. (The Pro Rata Portions shall be calculated giving effect to all sales of the Preemptive Securities, including sales to the Major Investors.) Such offer shall remain in effect for fifteen (15) 15 days after notice to the Investors, and if accepted, the closing of the sale of Preemptive Securities shall occur within ten days after the date of the Acceptance Notice.

Appears in 1 contract

Samples: Investors’ Rights Agreement (XDx, Inc.)

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